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Local Government Act 1972
Parliament of the United Kingdom
Long title:	An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates’ courts committees; to abolish certain inferior courts of record; and for connected purposes.
Statute book chapter:	1972 c.70
Territorial extent:	England and Wales
Dates
Date of Royal Assent:	26 October 1972
Commencement:	26 October 1972 1 April 1974
Other legislation
Related legislation:	Local Government Act (Northern Ireland) 1972
Status: Substantially amended
Official text of the statute as amended and in force today within the United Kingdom, from the UK Statute Law Database

The Local Government Act 1972 (1972 c. 70) is an Act of Parliament in the United Kingdom that reformed local government in England and Wales on 1 April 1974.^[1]

Its pattern of two-tier metropolitan and non-metropolitan county and district councils remains in use today in large parts of England, although the metropolitan county councils were abolished in 1986, and both county and district councils were replaced with unitary authorities in many areas in the 1990s.

In Wales, too, the Act established a similar pattern of counties and districts.^[2], but these have since been entirely replaced with a system of unitary authorities.

In Scotland, which this Act did not apply to, the Local Government (Scotland) Act 1973 regionalised local government with a system of two-tier regions and districts in 1975 — this was also replaced by a system of unitary council areas in 1996.

Elections were held to the new authorities in 1973, and they acted as "shadow authorities" until the handover date. Elections to county councils were held on 12 April, for metropolitan and Welsh districts on 10 May, and for non-metropolitan district councils on 7 June.^[3]

Contents 1 England 1.1 Background 1.2 White Paper and Bill 2 Wales 3 The Act 4 The new local government areas 4.1 England 4.1.1 Metropolitan counties 4.1.2 Metropolitan districts 4.1.3 Non-metropolitan counties 4.1.4 Non-metropolitan districts 4.1.5 Isles of Scilly 4.2 Wales 4.3 Map 5 Elections 6 Division of functions 7 Reaction 8 Amendment and Adaptation 9 See also 10 References 11 External links

England

Background

Elected county councils had been established in England and Wales for the first time in 1888, covering areas known as administrative counties. Some large towns, known as county boroughs, were politically independent from the counties in which they were physically situated. The county areas were two-tier, with many municipal borough, urban district and rural districts within them, each with its own council.^[4]

Apart from the creation of new county boroughs, the most significant change since 1899 (and the establishment of metropolitan boroughs in the County of London) had been the establishment in 1965 of Greater London and its thirty-two London boroughs, covering a much larger area than the previous county of London. A Local Government Commission for England was set up in 1958 to review local government arrangements throughout the country, and made some changes, such as merging two pairs of small administrative counties to form Huntingdon and Peterborough and Cambridgeshire and Isle of Ely, and creating several contigous county boroughs in the Black Country. However, most of the Commission's recommendations, such as its proposals to abolish Rutland or to reorganise Tyneside, were ignored in favour of the status quo.

It was generally agreed that there were significant problems with the structure of local government.^[4] Despite mergers, there was still a proliferation of small district councils in rural areas, and in the major conurbations the borders had been set before the pattern of urban development had become clear. For example, in the area that was to become the seven boroughs of the metropolitan county of West Midlands, local government was split between three administrative counties (Staffordshire, Warwickshire, and Worcestershire), and eight county boroughs (Birmingham, Coventry, Dudley, Solihull, Walsall, Warley, West Bromwich, and Wolverhampton).

The Local Government Commission was wound up in 1966, and replaced with a Royal Commission (known as the Redcliffe-Maud commission). In 1969 it recommended a system of single-tier unitary authorities for the whole of England, apart from three metropolitan areas of Merseyside, Selnec (Greater Manchester) and West Midlands (Birmingham and the Black Country), which were to have both a metropolitan council and district councils.

This report was accepted by the Labour Party government of the time despite considerable opposition,^[4] but the Conservative Party won the June 1970 general election on a manifesto that committed it to a two-tier structure. The new government made Peter Walker and Graham Page the ministers, and quickly dropped the Redcliffe-Maud report.^[5] They invited comments from interested parties regarding the previous government's proposals.^[6] The Association of Municipal Corporations put forward a scheme with 13 provincial councils and 132 main councils, about twice the number proposed by Redcliffe-Maud.^[7]

White Paper and Bill

The incoming government's proposals for England were presented in a White Paper published in February 1971.^[8] The White Paper substantially trimmed the metropolitan areas, and proposed a two-tier structure for the rest of the country. Many of the new boundaries proposed by the Redcliffe-Maud report were retained in the White Paper. The proposals were in large part based on ideas of the County Councils Association, the Urban District Councils Association and the Rural District Councils Association.^[9]

The White Paper outlined principles, including an acceptance of the minimum population of 250,000 for education authorities in the Redcliffe-Maud report, and its findings that the division of functions between town and country had been harmful, but that some functions were better performed by smaller units. The White Paper set out the proposed division of functions between districts and counties, and also suggested a minimum population of 40,000 for districts. The government aimed to introduce a Bill in the 1971/1972 session of Parliament for elections in 1973, so that the new authorities could start exercising full powers on 1 April 1974. The White Paper made no commitments on regional or provincial government, since the Conservative government preferred to wait for the Crowther Commission to report.^[8]

The proposals were substantially changed with the introduction of the Bill into Parliament in November 1971:^[10][11]

• Area 4 (Cleveland) would have had a border with area 2 (Tyne and Wear), cutting area 3 (Durham) off from the coast. Seaham and Easington were to be part of the Sunderland district.
• Humberside did not exist in the White Paper. The East Riding was split between area 5 (North Yorkshire) and an area 8 (East Yorkshire). Grimsby and Northern Lindsey were to be part of area 22 (Lincolnshire)
• Harrogate and Knaresborough had been included in district 6b (Leeds)
• Dronfield in Derbyshire had been included in district 7c (Sheffield)
• Area 9 (Cumbria) did not at this stage include the Sedbergh Rural District from Yorkshire
• Area 10 (Lancashire) included more parishes from the West Riding of Yorkshire than were eventually included.
• Area 11 (Merseyside) did not include Southport, but did include Ellesmere Port and Neston
• Area 12 (Greater Manchester) lost New Mills and Whaley Bridge (to be with Stockport), and Glossop (to be in Tameside)
• The Seisdon Rural District, which formed a narrow peninsula of Staffordshire running between Shropshire and the Black Country county boroughs, would originally have been split three ways, between the Wolverhampton district (15a), area 16 (Shropshire) and area 17 (Worcestershire).
• Halesowen would have become part of district 15d (Sandwell) rather than 15c (Dudley)
• District 15f (Solihull) would have included part of the Birmingham county borough as well as parishes from Stratford on Avon Rural District
• Area 18 (Warwickshire) would have included several parishes from Daventry Rural District in Northamptonshire
• Area 20 (Nottinghamshire) would include Long Eaton from Derbyshire
• Area 26 (Avon) to have covered a larger area, including Frome
• Area 31 (Norfolk) to have covered a large area of East Suffolk, including Beccles, Bungay, Halesworth, Lowestoft, Southwold, Lothingland Rural District, and Wainford Rural District.
• Area 33 (Oxfordshire) to include Brackley and Brackley Rural District from Northamptonshire.
• Area 39 (Berkshire) to include Henley-on-Thames and Henley Rural District from Oxfordshire
• Area 40 (Surrey) to include Aldershot, Farnborough, Fleet and area from Hampshire.

The Bill as introduced also included two new major changes based on the concept of unifying estuaries, through the creation of the county of Humberside on the Humber estuary, and the inclusion of Harwich and Colchester in Suffolk to unify the Stour estuary.^[12] The latter was removed from the Bill before it became law. Proposals from Plymouth for a Tamarside county were rejected. The Bill also provided names for the new counties for the first time.^[13]

The main amendments made to the areas during the Bill's passage through Parliament were

• renaming of Malvernshire to Hereford and Worcester (the name "Wyvern" was also suggested) ^[14]
• renaming of Teesside to Cleveland, exclusion of Whitby ^[15]
• renaming of Tyneside to Tyne and Wear ^[16]
• removal of Seaham from Tyne and Wear, keeping it in County Durham^[17]
• removal of Skelmersdale and Holland from Merseyside^[9]
• exclusion of Colchester and area from Suffolk, kept in Essex^[13][18]
• exclusion of Newmarket and Haverhill from Cambridgeshire, kept in Suffolk (despite protests of Newmarket UDC, which was happy to see the town transferred to Cambridgeshire) ^[19][20][21]
• keeping the Isle of Wight independent of Hampshire^[22]
• adding part of Lothingland Rural District from Suffolk to Norfolk

In the Bill as published, the Dorset/Hampshire border was between Christchurch and Lymington. On 6 July 1972, a government amendment added Lymington to Dorset, which would have had the effect of having the entire Bournemouth conurbation in one county (although the town in Lymington itself does not form part of the built-up area, the borough was large and contained villages which do).^[23] The House of Lords reversed this amendment in September, with the government losing the division 81 to 65.^[24] In October, the government brought up this issue again, proposing an amendment to put the western part of Lymington borough. The amendment was withdrawn.^[25][26]

The government lost divisions in the House of Lords at Report Stage on the exclusion of Wilmslow and Poynton from Greater Manchester and their retention in Cheshire, and also on whether Rothwell should form part of the Leeds or Wakefield districts.^[27] (Rothwell had been planned for Wakefield, but an amendment at report stage was proposed by local MP Albert Roberts ^[18] and accepted by the government. This was overturned by the Lords.) Instead, the Wakefield district gained the town of Ossett, which was originally placed in the Kirklees district, following an appeal by Ossett Labour Party.^[28]

The government barely won a division in the Lords on the inclusion of Weston-super-Mare in Avon, by 42 to 41.^[29][30]

Two more metropolitan districts were created than were originally in the Bill:

• Rochdale and Bury were originally planned to form a single district (dubbed "Botchdale" by local MP Michael Fidler)^[31][32] Rochdale took Middleton from Oldham in compensation.^[33]
• Knowsley was not originally planned, and was formed from the western part of the planned St Helens district ^[18][34]

As passed, the Act would have included Charlwood and Horley in West Sussex, along with Gatwick Airport. This was reversed by the Charlwood and Horley Act 1974, passed just before the Act came into force. Charlwood was made part of the Mole Valley district and Horley part of Reigate and Banstead. Gatwick Airport was still transferred.

Although willing to compromise about exact boundaries, the government stood firm on the existence or abolition of county councils. The Isle of Wight (originally scheduled to be merged back into Hampshire as a district) was the only local campaign to succeed, and also the only county council in England to violate the 250,000 limit for education authorities.^[8][35] The government bowed to local demand for the island to retain its status in October 1972, moving an amendment in the Lords to remove it from Hampshire. Lord Sanford noting that "nowhere else is faced with problems of communication with its neighbours which are in any way comparable." ^[36][37]

Protests from Rutland and Herefordshire failed, although Rutland was able to secure its treatment as a single district despite not even managing to meet the stated minimum population of 40,000 for districts.

Several metropolitan boroughs fell under the 250,000 limit, including three of Tyne and Wear's five boroughs (North Tyneside, South Tyneside and Gateshead), and the four metropolitan boroughs that had resulted from the splitting of the proposed Bury/Rochdale and Knowsley/St Helens boroughs.

Wales

In Wales, the background was substantially different. The Redcliffe-Maud Commission had not considered Wales, which had been the subject of the Welsh Office proposals in the 1960s. A White Paper was published in 1967 on the subject of Wales, based on the findings of the 1962 report of the Local Government Commission for Wales. The White Paper proposed five counties, and thirty-six districts. The county boroughs of Swansea, Cardiff and Newport would be retained, but the small county borough of Merthyr Tydfil would become a district. The proposed counties were as follows ^[9][38]

• Dyfed - west Wales - Cardiganshire, Carmarthenshire, Pembrokeshire
• Glamorgan - south Wales
• Gwent - south-east Wales - Monmouthshire (also including Rhymney valley from Glamorgan)
• Gwynedd - north Wales - Anglesey, Caernarvonshire, Denbighshire, Flintshire, Merionethshire
• Powys - mid Wales - Montgomeryshire, Radnorshire, Breconshire

Implementation of reform in Wales was not immediate, pending decisions on the situation in England, and a new Secretary of State, George Thomas, announced changes to the proposals in November 1968. The large northern county of Gwynedd was to be split to form two counties (creating Gwynedd in the West and Clwyd in the East) with various alterations to the districts. The Redcliffe-Maud report led to a reconsideration of the plans, especially with respect to Glamorgan and Monmouthshire, and a March 1970 White Paper proposed three unitary authorities for south Wales, based on Cardiff, Swansea and Newport.^[9][39][40]

After the 1970 general election, the new Conservative government published a Consultative Document in February 1971, at the same time as the English White Paper.^[41] The proposals were similar to the Labour proposals of 1968, except that the county boroughs were instead two-tier districts, and that Glamorgan was to be subdivided into West Glamorgan and East Glamorgan, making 7 counties and 36 districts.^[9][42]

In the Bill as introduced Glamorgan had been split into three authorities: with East Glamorgan further subdivided into a Mid Glamorgan covering the valleys, and South Glamorgan. The decision to split East Glamorgan further left South Glamorgan with only two districts (one of which was the Conservative-controlled Cardiff, who had requested the split) and Mid Glamorgan one of the poorest areas in the country.^[9][43] The Labour-controlled Glamorgan County Council strongly opposed this move, placing adverts in newspapers calling for Glamorgan to be saved from a "carve up", and demanding that the East/West split be retained.^[44] The resulting South Glamorgan was the only Welsh county council the Conservatives ever controlled (from 1977–1981).

Apart from the new Glamorgan authorities, all the names of the new Welsh counties were in the Welsh language, with no English equivalent. With the exception of Clwyd (which was named after the River Clwyd) the names of the counties were taken from ancient British kingdoms. Welsh names were also used for many of the Welsh districts.^[45] There were no metropolitan counties and, unlike in England, the Secretary of State could not create future metropolitan counties there under the Act.^[2]

The Act

After much comment, the proposals were introduced as the Local Government Bill into Parliament soon after the start of the 1971/1972 session.

In the Commons it passed through Standing Committee D, who debated the Bill in fifty-one sittings from 25 November 1971, to 20 March 1972.

The Act abolished previous existing local government structures, and created a two-tier system of counties and districts everywhere. Some of the new counties were designated metropolitan counties, containing metropolitan boroughs instead. The allocation of functions differed between the metropolitan and the non-metropolitan areas (the so-called 'shire counties') — for example, education and social services were the responsibility of the shire counties, but in metropolitan areas was given to the districts. The distribution of powers was slightly different in Wales than in England, with libraries being a county responsibility in England — but in Wales districts could opt to become library authorities themselves. One key principle was that education authorities (non-metropolitan counties and metropolitan districts), were deemed to need a population base of 250,000 in order to be viable.

Although called two-tier, the system was really three-tier, as it retained civil parish councils, although in Wales they were renamed community councils.

The Act introduced 'agency', where one local authority (usually a district) could act as an agent for another authority. For example, since road maintenance was split depending upon the type of road, both types of council had to retain engineering departments. A county council could delegate its road maintenance to the district council if it was confident that the district was competent. Some powers were specifically excluded from agency, such as education.

The Act abolished various historic relics such as aldermen. Many existing boroughs that were too small to constitute a district, but too large to constitute a civil parish, were given Charter Trustees.

Most provisions of the Act came into force at midnight on 1 April 1974. Elections to the new councils had already been held, in 1973, and the new authorities were already up and running as 'shadow authorities', following the example set by the London Government Act 1963.

The new local government areas

The Act specified the composition and names of the English and Welsh counties, and the composition of the metropolitan and Welsh districts. It did not specify any names of districts, nor indeed the borders of the non-metropolitan districts in England — these were specified by Statutory Instrument after the passing of the Act. A Boundary Commission, provided for in the Act, had already begun work on dividing England into districts whilst the Bill was still going through Parliament.^{[46][47][48][49]}

In England there were 46 counties and 296 districts, in Wales there were 8 and 37. Six of the English counties were designated as metropolitan counties. The new English counties were based clearly on the traditional ones, albeit with several substantial changes.^[50] The 13 historic counties of Wales, however, were abandoned entirely for administrative purposes, and 8 new ones instituted.

The Act substituted the new counties "for counties of any other description" for purposes of law.^[51] This realigned the boundaries of ceremonial and judicial counties used for lieutenancy, custodes rotulorum, shrievalty, commissions of the peace and magistrates' courts to the metropolitan and non-metropolitan counties.^[50][52] The Act also extended the rights of the Duchy of Lancaster to appoint Lord-Lieutenants for the shrunken Lancashire along with all of Greater Manchester and Merseyside.^[53]

In England prior to the passing of the Act there had been 1086 urban and rural districts and 79 county boroughs. The number of districts was reduced about fourfold.

England

Metropolitan counties

Metropolitan county	Existing geographic county or subdivision	County boroughs	Other parts
Greater Manchester	Cheshire	Stockport	urban north-east Cheshire
	Lancashire	Bury, Bolton, Manchester, Oldham, Rochdale, Salford, Wigan	urban south-east Lancashire
	Yorkshire, West Riding	none	Saddleworth urban district
Merseyside	Cheshire	Birkenhead, Wallasey	most of Wirral peninsula
	Lancashire	Bootle, Liverpool, St Helens, Southport	urban south-west Lancashire
South Yorkshire	Yorkshire, West Riding	Barnsley, Doncaster, Sheffield, Rotherham	southern West Riding
	Nottinghamshire	none	Finningley
Tyne and Wear	Durham	Gateshead, South Shields, Sunderland	urban north-east Durham
	Northumberland	Tynemouth, Newcastle upon Tyne	urban south-east Northumberland
West Midlands	Staffordshire	Dudley, Walsall, West Bromwich, Wolverhampton	Aldridge-Brownhills
	Warwickshire	Birmingham, Coventry, Solihull	Sutton Coldfield, Meriden Gap
	Worcestershire	Warley	Halesowen and Stourbridge
West Yorkshire	Yorkshire, West Riding	Bradford, Dewsbury, Halifax, Huddersfield, Leeds, Wakefield	western West Riding of Yorkshire

Metropolitan districts

Metropolitan county	Metropolitan district	County boroughs	Other components
Greater Manchester	Bury	Bury	Prestwich, Radcliffe, Ramsbottom (part), Tottington, Whitefield (Lancashire)
	Bolton	Bolton	Blackrod, Farnworth, Horwich, Kearsley, Little Lever, Turton (part), Westhoughton (Lancashire)
	Manchester	Manchester	Ringway from Bucklow Rural District (Cheshire)
	Oldham	Oldham	Chadderton, Shaw and Crompton, Failsworth, Lees and Royton (Lancashire); Saddleworth (West Riding)
	Rochdale	Rochdale	Heywood, Littleborough, Middleton, Milnrow and Wardle (Lancashire)
	Salford	Salford	Eccles, Irlam, Worsley, Swinton and Pendlebury (Lancashire)
	Stockport	Stockport	Bredbury and Romiley, Cheadle and Gatley, Hazel Grove and Bramhall and Marple (Cheshire)
	Tameside	none	Dukinfield, Hyde, Longdendale, Stalybridge (Cheshire); Ashton-under-Lyne, Audenshaw, Denton, Droylsden, Mossley (Lancashire)
	Trafford	none	Altrincham, Bowdon, Hale, Sale, part of Bucklow Rural District (Cheshire); Stretford, Urmston (Lancashire)
	Wigan	Wigan	Abram, Ashton-in-Makerfield (most), Aspull, Atherton, Billinge-and-Winstanley (part), Golborne (part), Hindley, Ince-in-Makerfield, Leigh, Orrell, Standish-with-Langtree, Tyldesley, part of Wigan Rural District (Lancashire)
Merseyside	Knowsley	none	Huyton-with-Roby, Kirkby, Prescot, Simonswood, part of Whiston Rural District (Lancashire)
	Liverpool	Liverpool	none
	St Helens	St Helens	Ashton-in-Makerfield (part), Billinge-and-Winstanley (part) Haydock, Newton-le-Willows, Rainford, part of Whiston Rural District (Lancashire)
	Sefton	Bootle, Southport	Crosby, Formby, Litherland, part of West Lancashire Rural District (Lancashire)
	Wirral	Birkenhead, Wallasey	Bebington, Hoylake, Wirral (Cheshire)
South Yorkshire	Barnsley	Barnsley	Cudworth, Darfield, Hoyland Nether, Penistone, Royston, Wombwell, Worsbrough; Penistone Rural District, part of Hemsworth Rural District; part of Wortley Rural District (West Riding)
	Doncaster	Doncaster	Adwick le Street, Bentley with Arksey, Conisbrough, Mexborough, Tickhill (West Riding), Finningley (Nottinghamshire)
	Sheffield	Sheffield	Stocksbridge, part of Wortley Rural District (West Riding)
	Rotherham	Rotherham	Maltby, Rawmarsh, Swinton, Wath upon Dearne; Kiveton Park Rural District, Rotherham Rural District (West Riding)
Tyne and Wear	Newcastle upon Tyne	Newcastle upon Tyne	Gosforth, Newburn, part of Castle Ward Rural District (Northumberland)
	North Tyneside	Tynemouth	Wallsend, part of Whitley Bay, Longbenton, part of Seaton Valley (Northumberland)
	Gateshead	Gateshead	Blaydon, Felling, Ryton and Whickham, part of Chester-le-Street Rural District (Durham)
	South Tyneside	South Shields	Jarrow, Boldon, Hebburn (Durham)
	Sunderland	Sunderland	Hetton, Houghton-le-Spring, Washington, part of Easington Rural District, part of Chester-le-Street Rural District (Durham)
West Midlands	Birmingham	Birmingham	Sutton Coldfield (Warwickshire)
	Coventry	Coventry	Allesley and Keresley from Meriden Rural District (Warwickshire)
	Dudley	Dudley	Halesowen and Stourbridge (Worcestershire)
	Sandwell	Warley and West Bromwich	none
	Solihull	Solihull	many parishes from Meriden Rural District, and Hockley Heath from Stratford-on-Avon Rural District (Warwickshire)
	Walsall	Walsall	Aldridge-Brownhills (Staffordshire)
	Wolverhampton	Wolverhampton	none
West Yorkshire	Bradford	Bradford	Baildon, Bingley, Denholme, Ilkley, Keighley, Queensbury and Shelf (part), Shipley, Silsden; part of Skipton Rural District (West Riding)
	Calderdale	Halifax	Brighouse, Elland, Hebden Royd, Queensbury and Shelf (part), Ripponden, Sowerby Bridge, Todmorden, Hepton Rural District (West Riding)
	Kirklees	Dewsbury, Huddersfield	Batley, Colne Valley, Denby Dale, Heckmondwike, Holmfirth, Kirkburton, Meltham, Mirfield, Spenborough (West Riding)
	Leeds	Leeds	Aireborough, Garforth, Horsforth, Morley, Otley, Pudsey, Rothwell; part of Tadcaster Rural District, part of Wetherby Rural District, part of Wharfedale Rural District (West Riding)
	Wakefield	Wakefield	Castleford, Featherstone, Hemsworth, Horbury, Knottingley, Normanton, Ossett, Pontefract, Stanley; Wakefield Rural District, part of Hemsworth Rural District, part of Osgoldcross Rural District (West Riding)

Non-metropolitan counties

Non-metropolitan county	Existing geographic county or subdivision	County boroughs	Other parts
Avon	Gloucestershire	Bristol	southern part
	Somerset	Bath	northern part (including Weston-super-Mare)
Bedfordshire	Bedfordshire	Luton	all
Berkshire	Berkshire	Reading	all except the Vale of White Horse and Didcot, now in Oxfordshire
	Buckinghamshire	none	southern tip (including Slough)
Buckinghamshire	Buckinghamshire	none	all except southern tip (including Slough), now in Berkshire
Cambridgeshire	Cambridgeshire and Isle of Ely	none	all
	Huntingdon and Peterborough	none	all
Cheshire	Cheshire	Chester	all except Tintwistle Rural District (to Derbyshire), north-eastern urban area (to Greater Manchester), Wirral peninsula (to Merseyside)
	Lancashire	Warrington	mid-southern part, including Widnes
Cleveland	Durham	Hartlepool	Stockton Rural District
	Yorkshire, North Riding	Teesside	urban north
Cornwall	Cornwall	none	all
Cumbria	Cumberland	Carlisle	all
	Westmorland	none	all
	Lancashire	Barrow-in-Furness	North Lonsdale
	Yorkshire, West Riding	none	Sedbergh Rural District
Derbyshire	Derbyshire	Derby	all
	Cheshire	none	Tintwistle Rural District
Devon	Devon	Exeter, Plymouth, Torbay	all
Dorset	Dorset	none	all
	Hampshire	Bournemouth	area around Christchurch
Durham	Durham	Darlington	all except urban north-east (to Tyne and Wear) and Stockton Rural District (to Cleveland)
	Yorkshire, North Riding	none	Startforth Rural District
East Sussex	East Sussex	Brighton, Eastbourne, Hastings	all except Mid Sussex strip (to West Sussex)
Essex	Essex	Southend-on-Sea	all
Gloucestershire	Gloucestershire	Gloucester	all except southern part (to Avon)
Hampshire	Hampshire	Portsmouth, Southampton	all except part around Christchurch (to Dorset)
Hereford and Worcester	Herefordshire	none	all
	Worcestershire	Worcester	all except Stourbridge and Halesowen (to West Midlands)
Hertfordshire	Hertfordshire	none	all
Humberside	Lincolnshire, Parts of Lindsey	Grimsby	northern strip including Scunthorpe and Cleethorpes
	Yorkshire, East Riding	Kingston upon Hull	all except northern fringe
	Yorkshire, West Riding	none	Goole and Goole Rural District
Isle of Wight	Isle of Wight	none	all
Kent	Kent	Canterbury	all
Lancashire	Lancashire	Blackburn, Blackpool, Burnley, Preston	central part only (south-east to Greater Manchester, south-west part to Merseyside, mid-south to Cheshire, North Lonsdale to Cumbria)
	Yorkshire, West Riding	none	area including Earby and Barnoldswick
Leicestershire	Leicestershire	Leicester	all
	Rutland	none	all
Lincolnshire	Lincolnshire, Parts of Holland	none	all
	Lincolnshire, Parts of Lindsey	Lincoln	all but northern strip including Scunthorpe and Cleethorpes
	Lincolnshire, Parts of Kesteven	none
Norfolk	Norfolk	Norwich	all
	East Suffolk	none	part of Lothingland Rural District near Great Yarmouth
North Yorkshire	North Riding of Yorkshire	York	all except urban north (to Cleveland) and Startforth Rural District (to Durham)
	Yorkshire, West Riding		northern part including Harrogate, Knaresborough and Selby but not Sedbergh (to Cumbria)
	Yorkshire, East Riding		northern part including Filey
Northamptonshire	Northamptonshire	Northampton	all
Northumberland	Northumberland	none	all except urban south-east (to Tyne and Wear)
Nottinghamshire	Nottinghamshire	Nottingham	all except Finningley (to South Yorkshire)
Oxfordshire	Oxfordshire	Oxford	all
	Berkshire	none	Vale of White Horse and Didcot
Salop (Shropshire)	Salop	none	all
Somerset	Somerset	none	all except northern part (including Weston-super-Mare)
Staffordshire	Staffordshire	Burton upon Trent, Stoke-on-Trent	all except Aldridge-Brownhills
Suffolk	East Suffolk	Ipswich	all, except part of north-east Suffolk near Great Yarmouth to Norfolk
	West Suffolk	none	all
Surrey	Surrey	none	all except Gatwick Airport
Warwickshire	Warwickshire	none	all except Sutton Coldfield and Meriden Gap (to West Midlands)
West Sussex	West Sussex	none	all
	East Sussex	none	western strip
Wiltshire	Wiltshire	none	all

Non-metropolitan districts

A list of non-metropolitan districts can be found at List of English districts. The Local Government Boundary Commission originally proposed 278 non-metropolitan districts in April 1972 (still working with the county boundaries found in the Bill). A further eighteen districts were added in the final proposals of November 1972, which were then ordered.

The splits were as follows (in most cases the splits were not exact, and many other changes to the borders of the districts took place at this time)

• Devon: Torridge/North Devon
• Dorset : Weymouth and Portland/Purbeck, North Dorset/East Dorset
• Durham : Wear Valley/Teesdale
• Hereford and Worcester : Hereford/South Herefordshire/Leominster
• Humberside: Holderness/North Wolds
• Isle of Wight: South Wight/Medina
• Lancashire: Hyndburn/Rossendale
• Leicestershire : Rutland/Melton, Harborough/Oadby and Wigston
• Lincolnshire: Boston/South Holland
• Northamptonshire: Daventry/South Northamptonshire
• Northumberland : Berwick-upon-Tweed/Alnwick
• Shropshire : Oswestry/North Shropshire, Bridgnorth/South Shropshire
• Somerset: Taunton Deane/West Somerset
• Suffolk: Forest Heath

The new district in Suffolk was necessitated by the decision to keep Newmarket in Suffolk; which would otherwise have become part of the South Cambridgeshire district.

Isles of Scilly

Section 265 of the Act allowed for the continuation of the local government arrangements for the Isles of Scilly. The Isles of Scilly Rural District Council became the Council of the Isles of Scilly, and certain services were to continue to be provided by Cornwall County Council as provided by order in council made by the Secretary of State, although the Isles were not technically in Cornwall before or after 1974.

Wales

New county	Existing geographic county	County boroughs	Other parts
Clwyd	Flintshire	none	all
	Denbighshire	none	all except Llanrwst and area
	Merionethshire	none	Edeyrnion Rural District
Dyfed	Cardiganshire	none	all
	Carmarthenshire	none	all
	Pembrokeshire	none	all
Gwent	Monmouthshire	Newport	except parts in Mid Glamorgan and South Glamorgan
	Breconshire	none	Brynmawr and Llanelly
Gwynedd	Anglesey	none	all
	Caernarvonshire	none	all
	Merionethshire	none	all except Edeyrnion Rural District
	Denbighshire	none	Llanrwst and area
Mid Glamorgan	Glamorgan	Merthyr Tydfil	Aberdare, Bridgend, Caerphilly, Pontypridd, Rhondda etc
	Breconshire	none	Penderyn and Vaynor
	Monmouthshire	none	Bedwas and Machen, Rhymney, part of Bedwellty
Powys	Montgomeryshire	none	all
	Radnorshire	none	all
	Breconshire	none	all except parts to Gwent and Mid Glamorgan
South Glamorgan	Glamorgan	Cardiff	Barry, Cowbridge, Penarth
	Monmouthshire	none	St Mellons
West Glamorgan	Glamorgan	Swansea	Glyncorrwg, Neath, Llwchwr, Port Talbot

Map

England
Northumberland Tyne and Wear † County Durham Cleveland North Yorkshire Cumbria Lancashire Merseyside † Greater Manchester † West Yorkshire † South Yorkshire † Humberside Lincolnshire Nottinghamshire Derbyshire Cheshire Shropshire Staffordshire West Midlands † Warwickshire Leicestershire Northamptonshire Cambridgeshire	Norfolk Suffolk Essex Hertfordshire Bedfordshire Buckinghamshire Oxfordshire Gloucestershire Hereford and Worcester Avon Wiltshire Berkshire Greater London * Kent East Sussex West Sussex Surrey Hampshire Isle of Wight Dorset Somerset Devon Cornwall
Wales
Gwent South Glamorgan Mid Glamorgan West Glamorgan	Dyfed Powys Gwynedd Clwyd
† metropolitan county * 'administrative area' created in earlier legislation

Elections

Elections to the new authorities were held on three different Thursdays in 1973. Each new county and district was divided into electoral divisions, known as wards in the districts. For county councils, each electoral division elected one member; for metropolitan district councils, each ward elected three members; and wards in non-metropolitan districts could elect a varying number of members. There was not sufficient time to conduct a full warding arrangement so a temporary system was used: in some county councils electoral divisions elected multiple councillors.^[9]

County councils were set on a four-year cycle of elections of all members, and the next elections were in 1977. Metropolitan district councils elected one councillor for each seat in the three other years, starting in 1975. Non-metropolitan districts had a general election again in 1976, and could either conduct elections by-thirds afterwards.^[9][35] Schedule 3 provided that for each metropolitan ward, the councillor for who obtained the least votes in the 1973 election would retire in 1975, the next least in 1976, and the others in 1978, setting up the cycle. If equal numbers of votes were obtained, or ward elections in 1973 had been uncontested, the decision would be made by lot.

Division of functions

Health care and water supply were assigned to new, separate, non-elected authorities, but the remaining functions previously exercised by local authorities were distributed broadly as follows:^[35][54]

Local government function	Metropolitan counties	Non-metropolitan counties
Allotments	Districts	Districts
Arts and recreation	Counties and districts	Counties and districts
- Libraries	Districts	Counties
- Museums and galleries	Counties and districts	Counties and districts
- Tourism	Counties and districts	Counties and districts
Cemeteries and cremetoria	Districts	Districts
Consumer protection	Counties	Counties
Education	Districts	Counties
Environmental health	Districts	Districts
- Refuse collection	Districts	Districts
Fire service	Counties	Counties
Footpaths (create, protect)	Counties and districts	Counties and districts
Footpaths (maintain, signs)	Counties	Counties
Housing	Districts	Districts
Licence duty	Districts	Districts
Markets and fairs	Districts	Districts
Planning	Counties and districts	Counties and districts
- Local plans	Districts	Districts
- Structure plans	Counties	Counties
- National parks	Counties	Counties
Police	Counties and districts	Counties and districts
Rate collection	Districts	Districts
Smallholdings	Counties	Counties
Social services	Districts	Counties
Traffic and highways	Counties and districts	Counties and districts
- Public transport	Counties	Counties and districts
- Transport planning	Counties	Counties

In many areas both authorities had some powers, and certain Welsh districts were allowed greater powers by the Secretary of State.

Reaction

The system established by the Act was the object of some criticism. One major controversy was the failure to reform local government finance. Having lost office at the general election of February 1974, Graham Page, the minister who had piloted the Act through parliament, condemned the existing system of rates and grants. His successor as Minister for the Environment, Tony Crosland said that he would be rexamining the rates system, while the Association of Metropolitan Authorities sought the establishment of a royal commission to consider the matter.^[55][56]

The two-tier structure established was also seen as problematic. In particular, the division of planning between districts and counties was a source of friction between the new councils.^[55] Thamesdown Borough Council called for a further reform and complete abolition of counties as they felt Wiltshire County Council was unable to respond to the needs of an expanding urban area.^[57] Further complaints surrounded the loss of water supply and sewerage powers to regional water authorities created by the Water Act 1973. This was felt to reduce the ability of district councils to plan new housing developments.^[56] It was also felt that the boundaries of the metropolitan counties were too tightly drawn, leaving out much of the suburban areas of the conurbations. The leading article in The Times on the day the Act came into effect noted that the new arrangement is a compromise which seeks to reconcile familiar geography which commands a certain amount of affection and loyalty, with the scale of operations on which modern planning methods can work effectively.^[55]

There was some criticism of county boundary changes. A campaign was mounted to return the Uffington White Horse to Berkshire, and a bonfire was lit at the site by protestors as the Act came into effect.^[58] The campaigners claimed 10,000 signatures in favour of diverting the county boundary to include the "Berkshire White Horse".^[59] The calls were rejected by the local MP, Airey Neave, who pointed out that the horse predated county boundaries and by the chairman of the Vale of White Horse District Council.^[60][61] Professor Anthony Fletcher af the Department of Medieval History of the University of Sheffield suggested that the new councils place signs at the boundaries of ancient counties.^[62]

Some of the reaction against the Act was motivated by opposition to change. The Isle of Wight, for example, is historically part of Hampshire, yet resisted efforts to reintegrate with it administratively; and the county borough councils regretted the loss of their status. Especially stung was the City and County of Bristol, which had had its own Lord Lieutenant for centuries.

Most of the criticism of the Act, however, centred on the size of the new districts. The new Minister, whose party had opposed the reforms in opposition, hoped that “it will be more efficient – but it could easily become more remote”. In order to combat this, Crosland was considering the creation of "neighbourhood councils" in unparished areas of the new districts.^[58] The names of some of the new authorities also caused controversy.^[63][64]

Amendment and Adaptation

The system established by the Act was not to last. In England a series of incremental measures amended it. First, the county councils of the metropolitan counties were abolished in 1986 by Margaret Thatcher's government, effectively re-establishing county borough status for the metropolitan boroughs. Second, a review of local government outside the metropolitan counties was announced in 1989.^[65] The local government reform in the 1990s led to the creation of many new unitary authorities, and the complete abolition of Avon, Cleveland, Hereford and Worcester and Humberside. Names such as Herefordshire and the East Riding of Yorkshire reappeared as local government entities, although often with new boundaries. Several former county boroughs such as Derby, Leicester and Stoke on Trent regained unitary status. Additionally, another wave of unitary authorities will be formed in 2009. In Wales there was a more radical change in policy with the two-tier system entirely abolished in 1996, and replaced with the current principal areas of Wales. The 1974 counties have been retained as preserved counties for various purposes, notably as ceremonial counties, albeit with substantive border revisions.

See also

• Local Government Act (Northern Ireland) 1972

References

External links

• Text of The English Non-Metropolitan Districts Order 1972 (S.I 1972/2039)

United Kingdom legislation Acts of Parliament by states preceding the Kingdom of Great Britain Acts of Parliament of England to 1601 · 1603–1641 · Interregnum (1642–1660) · 1660–1699 · 1700–1706 Acts of Parliament of Scotland Acts of the Parliament of Ireland to 1700 · 1701–1800 Acts of Parliament of the Kingdom of Great Britain 1707–1719 · 1720–1739 · 1740–1759 · 1760–1779 · 1780–1800 Acts of Parliament of The United Kingdom of Great Britain and Ireland and The United Kingdom of Great Britain and Northern Ireland 1801–1819 · 1820–1839 · 1840–1859 · 1860–1879 · 1880–1899 · 1900–1919 · 1920–1939 · 1940–1959 · 1960–1979 · 1980–1999 · 2000 to date Church of England Measures List · Church of England Assembly (Powers) Act 1919 Legislation of Devolved institutions Acts of the Northern Ireland Assembly · Northern Ireland Parliament · Scottish Parliament Measures of the Welsh Assembly Orders in Council for Northern Ireland Secondary legislation United Kingdom Statutory Instruments · Scottish Statutory Instruments · Act of Sederunt

Civil parishes in England Administration Parish council • Parish meeting • Successor parish • Unparished area • National Association of Local Councils Legislation Local Government Act 1894 • Local Government Act 1929 • Local Government Act 1933 • Local Government Act 1972 • Local Government and Rating Act 1997 • Local Government and Public Involvement in Health Act 2007 Lists by county Bedfordshire • Berkshire • Bristol • Buckinghamshire • Cambridgeshire • Cheshire • Cornwall • Cumbria • Derbyshire • Devon • Dorset • Durham • East Riding of Yorkshire • East Sussex • Essex • Gloucestershire • Greater Manchester • Hampshire • Herefordshire • Hertfordshire • Isle of Wight • Kent • Lancashire • Leicestershire • Lincolnshire • Merseyside • Norfolk • Northamptonshire • Northumberland • North Yorkshire • Nottinghamshire • Oxfordshire • Rutland • Shropshire • Somerset • South Yorkshire • Staffordshire • Suffolk • Surrey • Tyne and Wear • Warwickshire • West Midlands • West Sussex • West Yorkshire • Wiltshire • Worcestershire

From Wikisource

The Local Government Act 1972

The original text of the Act of the United Kingdom Parliament which established the current (2009) local govenment structure in England and Wales. It has been heavily amended since it was passed.

This work is incomplete. If you'd like to help expand it, see the help pages and the style guide, or comment.

(The numbering in the Table of Contents is for convenience only and does not reflect Section numbering in the Act.)

See also: The English Non-metropolitan Districts (Definition) Order 1972 (S.I. 1972/2039)

Contents 1 Part I: Local Government Areas and Authorities in England 1.1 New local government areas 1.2 Principal councils 1.3 Parishes 1.4 Miscellaneous 2 Part II: Local Government Areas and Authorities in Wales 2.1 New local government areas 2.2 Principal councils 2.3 Members of principal councils 2.4 Communities 2.5 Miscellaneous 3 Part III: Registration of Electors and Conduct of Elections 4 Part IV: Changes in Local Government Areas 4.1 Proposals by Local Government Boundary Commission for England 4.2 Proposals by Local Government Boundary Commission for Wales 4.3 Conduct of reviews 4.4 Border between England and Wales 4.5 Initial reviews 4.6 Supplementary provisions 4.7 Miscellaneous 4.8 Alteration of local boundaries consequent on alteration of water-course 5 Part V: General Provisions as to Members and Proceedings of Local Authorities 5.1 Qualifications and disqualifications 5.2 Acceptance, resignation and vacation of office, and casual vacancies 5.3 Proceedings for disqualification 5.4 Restrictions on voting 5.5 Interpretation of sections 95 and 97. 5.6 Meetings and proceedings 6 Part VI: Discharge of Functions 7 Part VII: Miscellaneous Powers of Local Authorities 7.1 Subsidiary powers 7.2 Staff 7.3 Land transactions—principal councils 7.4 Land transactions—parish and community councils 7.5 Land transactions—general provisions 7.6 Premises and contracts 7.7 Miscellaneous 8 Part VIII: Finance 9 Part IX: Functions 10 Part X: Judicial and Related Matters 11 Part XI: General Provisions as to Local Authorities 11.1 Legal proceedings 11.2 Documents and notices, etc. 11.3 Byelaws 11.4 Miscellaneous provisions 12 Part XII: Miscellaneous and General 13 Schedule 1 : Counties and metropolitan districts in England 13.1 Part I : Metropolitan counties and metropolitan districts 13.2 Part II : Non-metropolitan counties 13.3 Part III: Rules as to boundaries 13.4 Part IV: Divided parishes 14 Schedule 2 : Constitution and membership of Greater London Council and London borough councils 15 Schedule 3: Establishment of new authorities in England 16 Schedule 4: Local government areas in Wales 16.1 Part I: Counties 16.2 Part II: Districts 16.3 Part III: Communities differing from existing local government areas 16.4 Part IV: Rules as to boundaries 17 Schedule 5: Establishment of new authorities in Wales 18 Schedule 6: Amendment and modification of election law 19 Schedule 7: Constitution and proceedings of the Local Government Boundary Commission for England 20 Schedule 8: Constitution and proceedings of the Local Government Boundary Commission for Wales 21 Schedule 9: Initial review of electoral arrangements in England 22 Schedule 10: Initial reviews in Wales 23 Schedule 11: Rules to be observed in considering electoral arrangements 24 Schedule 12: Meetings and proceedings lof local authorities 24.1 Part I: Principal councils 24.2 Part II: Parish councils 24.3 Part III: Parish meetings 24.4 Part IV: Community councils 24.5 Part V: Community meetings 24.6 Part VI: Provisions relating to local authorities generally 25 Schedule 13: Loans and other financial provisions 25.1 Part I: Borrowing, lending and funds 25.2 Part II: Amendments with respect to finance and rating= 26 Schedule 14: Amendment and modification of Public Health Acts, etc. 26.1 Part I: The Public Health Act 1936 26.2 Part II: Other enactments 27 Schedule 15: Amendment and modification of enactments relating to water and sewage 28 Schedule 16 29 Schedule 17 30 Schedule 18 31 Schedule 19 32 Schedule 20 33 Schedule 21 34 Schedule 22 35 Schedule 23 36 Schedule 24 37 Schedule 25 38 Schedule 26 : Cemeteries and crematoria 39 Schedule 27 40 Schedule 28: Borough civil courts to be abolished 41 Schedule 28 42 Schedule 30: Repeals

Local Government Act 1972 1972 Chapter 70

An Act to make provision with respect to local government and the functions of local authorities in England and Wales; to amend Part II of the Transport Act 1968; to confer rights of appeal in respect of decisions relating to licences under the Home Counties (Music and Dancing) Licensing Act 1926; to make further provision with respect to magistrates' courts committees; to abolish certain inferior courts of record; and for connected purposes. [26th October 1972]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and the Commons, in this present Parliament assembled, and by the authority of the same, as follows :—

Part I: Local Government Areas and Authorities in England

New local government areas

1.—(1) For the administration of local government on and after 1st April 1974 England (exclusive of Greater London and the Isles of Scilly) shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2) The counties shall be the metropolitan counties named in Part I and the non-metropolitan counties named in Part II of the Schedule 1 to this Act and shall comprise the areas repsectively described (by reference to administrative areas existing immediately before the passing of the Act) in column 2 of each Part of that Schedule.

(3) The districts in the metropolitan counties shall be those respectively specified in column 2 of the said Part I and shall comprise the areas respectively described (by reference to administrative areas immediately before the passing of this Act) in that column, and the Secretary of State may by order provide a name for any such district.

(4) The districts in the non-metropolitan counties shall be those respectively specified in one or more orders made by the Secretary of State under paragraph 1 of Schedule 3 to this Act and having the names given to them by one or more orders so made.

(5) Part III of Schedule 1 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6) Subject to Part IV of Schedule 1 to this Act and to any provision corresponding to that Part made by an order under section 254 below, the rural parishes existing immediately before 1st April 1974 shall continue to exist on and after that date by the name of parishes.

(7) The said Part IV shall have effect with respect to the existing rural parishes which by virtue of this Act are comprised in more than one county or more than one metropolitan district.

(8) Part V of Schedule 1 to this Act shall have effect for the purpose of constituting parishes the boundaries of which are determined by reference to those of existing boroughs and urban districts and also, in cases where the areas of such boroughs are divided by or under this section between two or more new districts, by reference to the boundaries of the new districts.

(9) The boroughs which by virue of section 141 of the 1933 Act or section 28 of the Local Government Act 1958 are included in rural districts immediately before the passing of this Act shall on the passing of this act become parishes without ceasing to be boroughs, but shall cease to be boroughs on 1st April 1974.

(10) On that date the following local government areas existing immediately before that date outside Greater London and the Isles of Scilly, that is to say, all administrative counties, boroughs (except those in rural districts), urban districts, rural districts and urban parishes, shall cease to exist and the council of every such area which has a council shall also cease to exist.

(11) On that date the municipal corporation of every borough outside Greater London (and the corporation of a borough included in a rural district) shall cease to exist.

(12) In this section "England" does not include the administrative county of Monmouthshire or the county borough of Newport.

Principal councils

2.—(1) For every county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2) For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act of otherwise.

(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name "The County Council" or "The District Council", as the case may be, with the addition of the name of the particular county or district.

Members of principal councils

3.—(1) The chairman of a principal council shall be elected annually by the council from among the councillors.

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

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

(4) The chairman of a district council shall have precedence in the district, but not so as prejudically to affect Her Majesty's royal prerogative.

(5) A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

4.—(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2) If, apart from section 3(3) above or section 5(2) below, 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 subsection (3) below.

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

5.—(1) A principal council shall appoint a member of the council to be 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 the Act 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.

(4) A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

6.—(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) For the purpose of the elections of councillors—

(a) every county shall be divided into electoral divisions, each returning (subject to paragraph 3 of Schedule 3 to this act) one councillor;

(b) every metropolitan district shall be divided into wards, each returning a number of councillors which is divisible by three; and

(c) every non-metropolitan district shall be divided into wards, each returning such number of councillors as may be provided by an order under the said paragraph 3 or under or by virtue of the provisions of section 7 below of Part IV of this Act;

and there shall be a separate election for each electoral division or ward.

7.—(1) The ordinary election of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four year and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2) The ordinary elections of metropolitan district councillors shall take place in 1973, 1975, and every year thereafter other than a year of election of county councillors.

(3) Subject to paragraph 4 of Schedule 3 to this Act, the term of office of metropolitan district councillors shall be four years and one-third of the whole number of councillors in each ward of a metropolitan district, being those who have been councillors for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1975 the newly elected councillors shall come into office on the day on which their predecessors retire.

(4) Subject to subsection (5) below, a non-metropolitan district council may in pursuance of the requisite resolution request the Secretary of State to provide—

(a) for a system of whole council elections, that is to say, the holding of the ordinary elections of all the councillors of a district simultaneously; or

(b) for a system of elections by thirds, that is to say, the election of one-third, as nearly as may be, of the councillors of the district at the ordinary elections of such councillors in any year;

indicating in the case of a request under paragraph (b) above, those areas, if any, in which there should, and those, if any, in which there should not, be wards each returning a number of councillors which is divisible by three.

In this subsection "the requisite resolution" means in the case of a resolution passed before 1st April 1974 a resolution passed by a majority, and in the case of a resolution passed on or after that date a resolution passed by not less than two-thirds, of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(5) A resolution may not be passed under subsection (4) above within ten years of a previous resolution thereunder.

(6) Where the Secretary of State receives a request under subsection (4)(a) above from a district council or does not before 1st April 1974 receive a request from a district council under subsection (4)(b) above, he may make an order providing for the ordinary elections of all the district councillors to be held simultaneously and the order may contain the like provision, and shall be treated, as if made under section 51 below.

(7) Where the Secretary of State receives a request under subsection (4)(b) above from a district council he may ask the English Commission to make proposals in the light of the request with respect to—

(a) the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b) the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

and, where the Commission have not completed their review of the electoral arrangements for the district under Schedule 9 to this Act, they shall as part of that review consider the proposals to be made under this subsection and, in any other case, sections 52, 60 and 61 below shall apply to the consideration by the Commission of any such proposals as they apply to their conduct of a review under section 50 below and any such proposals shall be treated as if made under section 51 below.

(8) The ordinary elections of non-metropolitan district councillors shall take place—

(a) except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b) where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(9) The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to non-metropolitan district councillors:—

(a) their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;

(b) except where an order is in force providing for the election of councillors by thirds, the whole number of councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and

(c) where such an order is in force, one-third of the whole number of councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

8.—(1) Sections 2 to 7 above shall not apply to the Greater London Council or London borough councils but, subject to subsection (2) below, the provisions of Schedule 2 to this Act shall have effect in relation to them instead.

(2) The Secretary of State may by order make such modifications of sub-paragraphs (2) and (3) of paragraph 6 of Schedule 2 to this Act as appear to him to be appropriate for all or any of the following purposes—

(a) to secure that ordinary elections of councillors of the Greater London Council take place in the same years as ordinary elections of county councillors,

(b) to secure that ordinary elections of London borough councillors are held in years in which ordinary elections of metropolitan district councillors are held, and

(c) to secure that provisions corresponding to section 7(3) above apply to the retirement of London borough councillors.

(3) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Parishes

9.—(1) For every parish there shall be a parish meeting for the purpose of discussing parish affairs and exercising any functions conferred on such meetings by any enactment and, subject to the provisions of this Act or any instrument made thereunder, for every parish of group of parishes having a parish council before 1st April 1974 there shall continue to be a parish council.

(2) If a parish has not a parish council (whether separate or common) the district council shall, and if a parish is grouped under a common parish council the district counil may, by order establish a separate parish council for that parish—

(a) if the population includes 200 or more local government electors; or

(b) if in the case of a parish the population of which includes more than 150 but less than 200 local government electors, the parish meeting of the parish so resolve.

(3) If a parish has a population which incldues not more than 150 local government electors, the district council may by order establish a separate parish council for that parish if the parish meeting so resolve.

(4) Subject to any order under section 10 or 11 or Part IV below, there shall be a separate parish council for—

(a) every parish which immediately before the passing of this Act was a borough included in a rural district;

(b) every parish which immediately before the passing of this Act was co-extensive with a rural district;

(c) every parish established by paragraph 1 of Part IV of Schedule 1 to this Act;

(d) every parish to which part of another parish is added by paragraph 2 of the said Part IV and which immediately before the passing of this Act had no parish council; and

(e) every parish constituted under Part V of Schedule 1 to this Act.

(5) An order establishing a separate parish council for a parish shall make such provision as appears to the district council to be necessary for the election of a parish council in accordance with this Act and Part I of the Representation of the People Act 1949.

(6) An order shall not be made under this section establishing a separate parish council for a parish grouped under a common parish council unless by that order or an order under section 11(4) below the parish is separated from the group or the group is dissolved, and where the group is not dissolved, the order under this section shall make such provision as appears to the district council to be necessary for the alteration of the parish council of the group.

10.—(1) Where the population of a parish having a separate parish council includes not more than 150 local government electors, the parish meeting may apply to the district council for the dissolution of the parish council, and thereupon the district council may by order dissolve the parish council.

(2) Where an application under this section by a parish meeting is rejected, another such application may not be presented by that meeting within two years from the making of the previous application.

11.—(1) The parish meeting of a parish may apply to the district council for an order grouping the parish with some neighbouring parish or parishes in the same district under a common parish council or by adding the parish to an existing group of such parishes under such a council, and the district council may thereupon make an order accordingly, but subject to subsection (2) below.

(2) Parishes shall not be grouped without the consent of the parish meeting of each of the parishes.

(3) A grouping order shall make the necessary provision—

(a) for the name of the group;

(b) for the election in accordance with this Act and Part I of the Representation of the People Act 1949 of separate representatives on the parish council for each parish or for the wards of any parish or, in the case of an order which adds a parish to the group, for that parish or for the wards of that parish;

(c) for the application to the parishes included in the group of all or any of the provisions of section 37 of the Charities Act 1960 (parochial charities) and of any of the provisions of this Act with respect to the custody of parish documents, so as to preserve the separate rights of each parish;

(d) for the dissolution of the separate parish council of any parish included in the group,

and the order may provide for the consent of the parish meeting of a parish being required to any particular act of the parish council, and for any necessary adaptations of this Act to the group of parishes or to the parish meetings of the parishes in the group.

12.—(1) An order made by a district council or district councils under section 9, 10 or 11 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council or district councils to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2) When any such order is made, section 68 below shall apply as if the order were made under Part IV of this Act.

(3) Two copies of every such order shall be sent to the Secretary of State.

13.—(1) The parish meeting of a parish shall consist of the local government electors for the parish.

(2) Any act of a parish meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting, or, if an instrument under seal is required, by an instrument signed by those persons and sealed with the seal of the parish council in the case of a parish having a separate parish council or the parish trustees in any other case, if that council or those trustees have a seal, or, if they do not, with the seals of those persons.

(3) In a parish not having a separate parish council the chairman of the parish meeting and the proper officer of the district council shall be a body corporate by the name of ‘the Parish Trustees’ with the addition of the name of the parish.

(4) The parish trustees of a parish shall act in accordance with any directions given by the parish meeting.

(5) Notwithstanding anything in any rule of law the parish trustees need not have a common seal, but where they have no seal any act of theirs which requires to be signified by an instrument under seal may be signified by an instrument signed and sealed by the persons who are the parish trustees.

14.—(1) A parish council shall consist of the chairman and parish councillors and shall have all such function as are vested in the council by this Act or otherwise.

(2) The parish council shall be a body corporate with the name "The Parish Council" with the addition of the name of the particular parish.

(3) Notwithstanding anything in any rule of law, a parish council need not have a common seal, but where a parish council have no seal any act of their which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

15.—(1) The chairman of a parish council shall be elected annually by the council from among the councillors.

(2) The election of a chairman shall be the first business transacted at the annual meeting of the parish council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the parish council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

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

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

(5) A parish council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6) The parish council may appoint a member of the council to be vice-chairman of the council.

(7) 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.

(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of parish councillors.

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

(10) In a parish not having a separate parish council, the parish meeting shall, subject to any provisions of a grouping order, at their annual assembly elect a chairman for the year who shall continue in office until his successor is elected.

16.—(1) The number of parish councillors for each parish shall be such number not being less than five as may be fixed from time to time by the district council.

(2) Parish councillors shall be elected by the local government electors for the parish in accordance with this Act and Part I of the Representation of the People Act 1949.

(3) Subject to any provision included in an order by virtue of section 67 below and to the provisions of paragraphs 12 and 13 of Schedule 3 to this Act, the ordinary elections of parish councillors shall take place in 1976, 1979 and every fourth year thereafter, their term of office shall be three years in the case of those elected at the ordinary elections in 1976 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of parish councillors shall retire together in every ordinary year of election of such councillors 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.

(4) Where a parish is not divided into parish wards there shall be one election of parish councillors for the whole parish.

(5) Where a parish is divided into parish wards there shall be a separate election of parish councillors for each ward.

17. Where a parish meeting is required or authorised by or under any enactment to be held for a parish ward or other part of a parish—

(a) the persons entitled to attend and vote at the meeting, or to vote at any poll consequent thereon, shall be the local government electors registered in respect of qualifications in that parish ward or part of the parish; and

(b) the provisions of this Act with respect to parish meetings for the whole of a parish, including the provisions with respect to the convening of a parish meeting by local government electors, shall apply as if the parish ward or part of the parish were the whole parish.

Miscellaneous

18. Schedule 3 of this Act shall have effect with respect the division of non-metropolitan counties into districts, the establishment of the new local authorities in England, the suspension of elections of members of existing local authorities there and related matters.

19. This Part of this Act shall extend to England only.

Part II: Local Government Areas and Authorities in Wales

New local government areas

20.—(1) For the administration of local government on and after 1st April 1974 Wales shall be divided into local government areas to be known as counties and in those counties there shall be local government areas to be known as districts.

(2) The counties shall be those named in Part I of Schedule 4 to this Act and shall comprise the areas respectively described (by reference to administrative areas existing immediately before the passing of this Act) in column 2 of that Part of that Schedule.

(3) In the counties specified in column 1 of Part II of that Schedule there shall be the districts respectively specified in column 2 of Part II of that Schedule and those districts shall comprise the areas respectively descrbied as aforesaid in column 3 of that Part of that Schedule, and the Secretary of State may by order provide a name for any such district.

(4) On and after 1st April 1974 every district shall consist of one or more areas to be known as communities which shall be in accorance with the following paragraphs:—

(a) the area of each borough existing immediately before that date shall on that date become a community of that district in which it is comprised and shall be known by the same name as the borough's;

(b) the area of each urban district existing immediately before that date shall on that date become a community of that district in which it is comprised and shall be known by the same name as the urban district's;

(c) the area of each rural parish existing immediately before that date shall on that date become a community of that district in which it is comprised and shall be known by the same name as the parish's;

(d) in the districts specified in column 1 of Part III of Schedule 4 to this Act there shall on that date be established the communities respectively named in column 2 of that Part of that Schedule and described (by reference to administrative areas existing immediately before the passing of this Act) in column 3 of that Part of that Schedule.

(5) Part IV of Schedule 4 to this Act shall have effect in relation to the boundaries of the new local government areas.

(6) On 1st April 1974 all local government areas existing immediately before that date, that is to say, all administrative counties, boroughs, urban districts, rural districts and urban and rural parishes, shall cease to exist, and the following shall also cease to exist—

(a) the council of every such area which has a council;

(b) in the case of a borough, the municipal corporation of the borough;

(c) in the case of a parish, the parish meeting;

(d) in the case for a parish for which there is no separate parish council the representative body of the parish;

(e) in the case of parishes included in a group, the common parish council.

(7) In this section "Wales" includes the administrative county of Monmouthshire and the county borough of Newport.

Principal councils

21.—(1) For every county there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(2) For every district there shall be a council consisting of a chairman and councillors and the council shall have all such functions as are vested in them by this Act or otherwise.

(3) Each council mentioned in subsection (1) or (2) above shall be a body corporate by the name ‘The County Council’ or ‘The District Council’, as the case may be, with the addition of the name of the particular county or district.

Members of principal councils

22.—(1) The chairman of a principal council shall be elected annually by the council from among the councillors.

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

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

(4) The chairman of a district council shall have precedence in the district, but not so as prejudicially to affect Her Majesty's royal prerogative.

(5) A principal council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

23.—(1) The election of the chairman shall be the first business transacted at the annual meeting of a principal council.

(2) If, apart from section 22(3) above or section 24(2) below, 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 subsection (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.

24.—(1) A principal council shall appoint a member of the council to be 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 Act 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.

(4) A principal council may pay the vice-chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

25.—(1) Councillors for a principal area shall be elected by the local government electors for that area in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) For the purposes of the election of councillors—

(a) every county shall be divided into electoral divisions, each returning (subject to paragraph 2 of Schedule 5 to this Act) one councillor; and

(b) every district shall be divided into wards, each returning such number of councillors as may be provided by an order under the said paragraph 2 or under or by virtue of the provisions of section 26 below or Part IV of this Act;

and there shall be a separate election for each electoral division or ward.

26.—(1) The ordinary elections of county councillors shall take place in 1973 and every fourth year thereafter, their term of office shall be four years and they shall retire together in every such fourth year on the fourth day after the ordinary day of election of county councillors, and in and after 1977 the newly elected councillors shall come into office on the day on which their predecessors retire.

(2) Subject to subsection (3) below, a district council may in pursuance of the requisite resolution request the Secretary of State to provide—

(a) for a system of whole council elections, that is to say, the holding of the ordinary elections of all the councillors of the district simultaneously; or

(b) for a system of elections by thirds, that is to say, the election of one-third, as nearly as may be, of the councillors of the district at the ordinary elections of such councillors in any year;

indicating, in the case of a request under paragraph (b) above, those areas, if any, in which there should, and those, if any, in which there should not, be wards each returning a number of councillors which is divisible by three.

In this subsection ‘the requisite resolution’ means in the case of a resolution passed before 1st April 1974 a resolution passed by a majority, and in the case of a resolution passed on or after that date a resolution passed by not less than two-thirds, of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(3) A resolution may not be passed under subsection (2) above within ten years of a previous resolution thereunder.

(4) Where the Secretary of State receives a request under subsection (2)(a) above from a district council or does not before 1st April 1974 receive a request from a district council under subsection (2)(b) above, he may make an order providing for the ordinary elections of all the district councillors to be held simultaneously and the order may contain the like provision, and shall be treated, as if made under section 58 below.

(5) Where the Secretary of State receives a request under subsection (2)(b) above from a district council he may ask the Welsh Commission to make proposals in the light of the request with respect to—

(a) the number, boundaries and names of the wards into which the district should be divided and the number of councillors to be elected for each ward;

(b) the order of retirement of councillors elected for wards not returning a number of councillors which is divisible by three;

and, where the Commission have not completed their review of the electoral arrangements for the district under paragraph 10 of Schedule 10 to this Act, they shall as part of that review consider the proposals to be made under this subsection and, in any other case, sections 59, 60 and 61 below shall apply to the consideration by the Commission of any such proposals as they apply to their conduct of a review under section 57 below and any such proposals shall be treated as if made under section 58 below.

(6) The ordinary elections of district councillors shall take place—

(a) except where an order is in force providing for the election of district councillors by thirds, in 1973, 1976, 1979 and every fourth year thereafter; and

(b) where such an order is in force, in the year when the order comes into force and every year thereafter other than a year of election of county councillors.

(7) The following provisions of this subsection shall, subject to the provisions of any order made under or by virtue of this section, have effect with respect to district councillors—

(a) their term of office shall be three years in the case of the councillors elected at the ordinary elections in 1973 and 1976 and four years in the case of those elected at ordinary elections held thereafter;

(b) except where an order is in force providing for the election of councillors by thirds, the whole number of the councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1976 the newly elected councillors shall come into office on the day on which their predecessors retire; and

(c) where such an order is in force, one-third of the whole number of the councillors in each ward returning a number of councillors which is divisible by three and, as nearly as may be, one-third of the whole number of the councillors in the other wards, being those who have been councillors of the district for the longest time without re-election, shall retire in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in every such year the newly elected councillors shall come into office on the day on which their predecessors retire.

Communities

27.—(1) A meeting of the local government electors for a community (hereafter in this Act referred to as a community meeting) may be convened for the purpose of discussing community affairs and exercising any functions conferred by any enactment on such meetings.

(2) For the purpose of exercising functions on and after 1st April 1974 there shall be a community council for—

(a) every community which is co-extensive with the area of a rural parish existing immediately before that date and having a separate parish council;

(b) every group of communities the areas of which are co-extensive with the areas of rural parishes existing immediately before that date and grouped under a common parish council; and

(c) any other community in respect of which the Secretary of State has directed under subsection (3) or (4) below that there is to be a community council.

(3) The Secretary of State shall, on an application in writing made to him before 1973 by the council of an existing borough (except an excepted borough) or of an existing urban district, being a borough or district the area or part of the area of which is co-extensive with the area of a community, direct that there shall be a council for the community for the purpose of exercising functions on and after 1st April 1974.

(4) The Secretary of State may, without any application under subsection (3) above, but after such consultations as he thinks proper, direct not later than 30th June 1973 that for the said purpose there shall be a community council for a particular community the area of which is co-extensive with the area or part of the area of an existing borough (except an excepted borough) or of an existing urban district.

(5) A community meeting of a community having a separate community council may, after 1st April 1974 and before the submission to the Secretary of State of the report of the Commission on the special community review relating to that community, apply to the district council for the dissolution of the community council, and thereupon the district council may by order dissolve the community council.

(6) In this section ‘excepted borough’ means the borough of Cardiff, Merthyr Tydfil, Newport, Port Talbot, Rhondda or Swansea.

28.—(1) A community meeting of a community which has not a separate community council and is not co-extensive with a district may, at any time except as provided by section 30 below, apply to the district council for an order establishing a council for the community, and thereupon the district council shall make such an order accordingly.

(2) An order establishing a separate community council for a community shall make such provision as appears to the district council to be necessary for the election of a community council in accordance with this Act and Part I of the Representation of the People Act 1949.

(3) An order shall not be made under this section establishing a separate community council for a community grouped under a common community council unless by that order or an order under section 29(4) below the community is separated from the group or the group is dissolved, and where the group is not dissolved, the order under this section shall make such provision as appears to the district council to be necessary for the alteration of the community council of the group.

(4) A community meeting of a community having a separate community council may, at any time except as provided by section 30 below, apply to the district council for the dissolution of the community council, and thereupon the district council shall by order dissolve the community council.

Orders for grouping communities, dissolving groups and separating communities from groups. 29.—(1) A community meeting of a community may, at any time except as provided by section 30 below, apply to the district council for an order grouping the community with some neighbouring community or communities in the same district under a common community council or by adding the community to an existing group ofsuch communities under such a council, and the district council may thereupon make an order accordingly, but subject to subsection (2) below.

(2) Communities shall not be grouped without the consent of a community meeting of each of the communities.

(3) A grouping order shall make the necessary provision—

(a) for the name of the group;

(b) for the election in accordance with this Act and Part I of the Representation of the People Act 1949 of separate representatives on the community council for each community or for the wards of any community or, in the case of an order which adds a community to the group, for that community or for the wards of that community;

(c) for the application to the communities included in the group of all or any of the provisions of section 37 of the Charities Act 1960 (parochial charities) and of any of the provisions of this Act with respect to the custody of community documents, so as to preserve the separate rights of each community;

(d) for the dissolution of the separate community council of any community included in the group;

and the order may provide for any necessary adaptations of this Act to the group of communities.

(4) The council of a group of communities or a community meeting of a community included in a group of communities may, at any time except as provided by section 30 below, apply to the district council for an order dissolving the group or separating one or more of those communities from the group, and the district council may thereupon make an order accordingly, and an order so made shall make such provision as appears to the district council to be necessary for the election of a community council for any of the communities in the group, where it is dissolved, and for any of the communities separated from the group, where it is not.

30.—(1) Subject to subsection (3) below, no community application shall be made in relation to any community—

(a) until the expiration of two years beginning with the coming into force of an order under Schedule 10 to this Act consequent on the report of the Commission on the special community review relating to that community; or

(b) during the two years beginning with the coming into force of an order relating to the community under Part IV of this Act consequent on the report or proposals of the Commission or Commissions on a review under that Part of this Act of the county or district of which the community forms part or, as the case may be, of the community; or

(c) during the two years beginning with the coming into force of an order made under this Part of this Act on a community application in relation to the community.

(2) In relation to an application under section 28(4) above subsection (1) above shall have effect as if for the words ‘two years’, in each place where they occur, there were substituted the words ‘five years’.

(3) The Secretary of State may, on an application made by the Commission or Commissions at any time when conducting a review under Part IV of this Act or on an application by a district council at any time when conducting such a review, direct that no community application shall be made in relation to any community affected by the review until the Secretary of State further directs.

(4) Notwithstanding anything in subsections (1) and (2) above but without prejudice to subsection (3) above, the Secretary of State may permit the making of a community application in relation to a community if requested to do so by the council of the district in which the community is situated or by the community council (if any) or a community meeting of the community.

(5) In this section ‘community application’ means any application under section 28 or 29 above.

31.—(1) An order made by a district council under section 27, 28 or 29 above may contain such incidental, consequential, transitional or supplementary provision as may appear to the district council to be necessary or proper for the purposes or in consequence of the order or for giving full effect thereto, and may include provision with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities.

(2) Where any such order is made, section 68 below shall apply as if the order were made under Part IV of this Act.

(3) Two copies of every such order shall be sent to the Secretary of State.

32.—(1) A community meeting of a community shall consist of local government electors for the community.

(2) A community meeting may authorise the person presiding and two other local government electors present at the meeting to do anything or any class of things authorised by the meeting.

(3) Any act of a community meeting may be signified by an instrument signed by the person presiding and two other local government electors present at the meeting.

33.—(1) A community council shall consist of the chairman and community councillors and shall have all such functions as are vested in the council by this Act or otherwise.

(2) The community council shall be a body corporate by the name ‘The Community Council’ with the addition of the name of the particular community.

(3) Notwithstanding anything in any rule of law, a community council need not have a common seal, but where a community council have no seal any act of theirs which is required to be signified by an instrument under seal may be signified by an instrument signed and sealed by two members of the council.

34.—(1) The chairman of a community council shall be elected annually by the council from among the councillors.

(2) The election of a chairman shall be the first business transacted at the annual meeting of the community council and if, apart from subsection (8) below, the person presiding at the meeting would have ceased to be a member of the community council, he shall not be entitled to vote in the election except in accordance with subsection (3) below.

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

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

(5) A community council may pay the chairman for the purpose of enabling him to meet the expenses of his office such allowance as the council think reasonable.

(6) A community council may appoint a member of the council to be vice-chairman of the council.

(7) 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.

(8) During their term of office the chairman and vice-chairman shall continue to be members of the council notwithstanding the provisions of this Act relating to the retirement of community councillors.

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

35.—(1) Community councillors shall be elected by the local government electors for the community in accordance with this Act and Part I of the Representation of the People Act 1949.

(2) Subject to any provision included in an order by virtue of section 67 below, the ordinary elections of community councillors shall take place in 1974, 1979 and every fourth year thereafter, their term of office shall be five years in the case of those elected at the ordinary elections in 1974 and four years in the case of those elected at ordinary elections held thereafter, and the whole number of community councillors shall retire together in every ordinary year of election of such councillors on the fourth day after the ordinary day of election of such councillors, and in and after 1979 the newly elected councillors shall come into office on the day on which their predecessors retire.

(3) Where a community is not divided into community wards there shall be one election of community councillors for the whole community.

(4) Where a community is divided into community wards there shall be a separate election of community councillors for each ward.

36.— Where a community meeting is required or authorised by or under any enactment to be held for a community ward or other part of a community—

(a) the persons entitled to attend and vote at the meeting, or to vote at any poll consequent thereon, shall be the local government electors registered in respect of qualifications in that community ward or part of the community; and

(b) the provisions of this Act with respect to community meetings for the whole of the community, including the provisions with respect to the convening of a community meeting by local government electors, shall apply as if the community ward or part of the community were the whole community.

Miscellaneous

37.— Schedule 5 to this Act shall have effect with respect to the establishment of new local authorities in Wales, the suspension of elections of members of existing local authorities there and related matters.

38.— This Part of this Act shall extend to Wales only.

Part III: Registration of Electors and Conduct of Elections

39.—In England and Wales the council of every district and London borough shall appoint an officer of the council to be registration officer for any constituency or part of a constituency coterminous with or contained in the district or borough, and the Common Council shall appoint an officer to be registration officer for any part of the constituency containing the City and the Temples.

40.—(1) In England and Wales the returning officer for a parliamentary election shall be—

(a) in the case of a county constituency which is coterminous with or wholly contained in a county, the sheriff of the county;

(b) in the case of a borough constituency which is coterminous with or wholly contained in a district, the chairman of the district council;

(c) in the case of any other constituency wholly outside Greater London, such sheriff or chairman of a district council as may be designated in an order made by the Secretary of State;

(d) in the case of a constituency which is coterminous with or wholly contained in a London borough, the mayor of the borough;

(e) in the case of a constituency wholly or partly in Greater London which is situated partly in one London borough and partly in a district or any other London borough, the mayor of such London borough or the chairman of such district council as may be designated in an order made by the Secretary of State.

(2) The City and the Temples shall be treated for the purposes of this section as if together they formed a London borough.

(3) For section 18(1) of the 1949 Act (discharge of functions of returning officer) there shall be substituted the following subsections:—

‘(1) In England and Wales the duties of the returning officer for parliamentary elections except those excepted by subsection (1A) of this section shall be discharged, as acting returning officer—

(a) in the case of a constituency for which the chairman of a district council or the mayor of a London borough is returning officer by virtue of section 40(1) of the Local Government Act 1972, by the registration officer appointed by that council;

(b) in the case of any other constituency, by such registration officer as may be designated in an order made by the Secretary of State.

(1A) The duties excepted from subsection (1) are—

(a) any duty imposed on a returning officer under rule 3 of the parliamentary elections rules; and

(b) any duties so imposed under rule 51 of those rules which the person (if any) who for the time being holds the office of returning officer reserves to himself and undertakes to perform in person.

(1B) In the event of the death of a sheriff the acting returning officer shall discharge all the duties of sheriff as returning officer until another sheriff is appointed and has made the declaration of office.’

(4) Section 25 of the Sheriffs Act 1887 (death of sheriff) shall not authorise the under-sheriff to discharge the duties of returning officer.

(5) A parliamentary election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

41.—(1) Every county council shall appoint an officer of the council to be the returning officer for elections of councillors of the county and every district council shall appoint an officer of the council to be the returning officer for the elections of councillors of the district and an officer of the council to be the returning officer for elections of councillors of parishes or communities within the district.

(2) The returning officer at an election of a councillor of the Greater London Council shall be the proper officer of the borough which constitutes or includes the electoral area for which the election is held or, in the case of the electoral area which includes the City and the Temples, the proper officer of the City of Westminster.

(3) The returning officer at an election of London borough councillors shall be the proper officer of the borough.

(4) The returning officer at any election mentioned in subsections (1) to (3) above may by writing under his hand appoint one or more persons to discharge all or any of his functions.

(5) A local government election shall not be liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

42.—(1) Elections of councillors for all local government areas shall be conducted in accordance with rules made by the Secretary of State and not (in the case of elections of councillors of counties, the Greater London Council and London boroughs) in accordance with the local elections rules in Schedule 2 to the 1949 Act.

(2) Accordingly references in that Act and the Representation of the People Act 1969 to local elections rules shall be construed as references to rules made under this section and references in those Acts to parish election rules shall be construed as references to rules under this section relating to the conduct of elections of parish or, as the case may be, community councillors.

(3) Rules made under this section shall apply the parliamentary elections rules in Schedule 2 to the 1949 Act subject to such adaptations, alterations and exceptions as seem appropriate to the Secretary of State.

(4) When the following ordinary elections fall to be held in the same year, that is to say—

(a) the ordinary election of district councillors for any district ward; and

(b) the ordinary election of parish or community councillors for any parish or community, or any parish or community ward, which is co-extensive with or situated in that district ward;

the polls at those elections shall be taken together and one-half of the cost of taking the combined polls shall be treated as attributable to the holding of each election.

(5) All expenditure properly incurred by a returning officer in relation to the holding of an election of a councillor for a principal area shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council for that area, exceed that scale, be paid by that council.

(6) All expenditure properly incurred by a returning officer in relation to the holding of an election of a parish or community councillor shall, in so far as it does not, in cases where there is a scale fixed for the purposes of this section by the council of the district in which the parish or the community is situated, exceed that scale, be paid by the district council, but any expenditure so incurred shall be chargeable only on the parish or community for which the election is held.

(7) Before a poll is taken at an election of a councillor for any local government area the council of that area or, in the case of an election of a parish or community councillor, the council who appointed the returning officer shall, at the request of the returning officer or of any person acting as returning officer, advance to him such reasonable sum in respect of his expenses at the election as he may require.

(8) A statutory instrument containing rules under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

43.— In every year after 1974 the ordinary day of election of councillors shall be the same for all local government areas in England and Wales and shall be the first Thursday in May or such other day as may be fixed by the Secretary of State by order made not later than 1st February in the year preceding the first year in which the order is to take effect.

44.—(1) If at an election of a councillor for any local government area—

(a) the poll is abandoned or countermanded for any reason; or

(b) no person is or remains, or an insufficient number of persons are or remain, validly nominated to fill the vacancy or vacancies in respect of which the election is held;

the returning officer or, in the case of an election of a councillor of the Greater London Council, the proper officer of the Council shall order an election to be held on a day appointed by him to fill any vacancy which remains unfilled, being a day falling within the period of forty-two days (computed in accordance with section 243(4) below) beginning with the day fixed as the day of election for the first mentioned election.

(2) If for any other reason an election to an office under this Act, other than that of chairman of a parish or community council or parish meeting or parish or community councillor, is not held on the appointed day or within the appointed time, or fails either wholly or in part or becomes void, the High Court may order an election to be held on a day appointed by the Court.

(3) The High Court may order that the costs incurred by any person in connection with proceedings under subsection (2) above shall be paid by the local authority concerned.

(4) In a case not falling within subsection (1) above, if any difficulty arises with respect to an election of parish or community councillors or of an individual parish or community councillor, or to the first meeting of a parish or community council after an ordinary election of parish or community councillors, or if, because an election is not held or is defective, or for any other reason, a parish or community council is not properly constituted, the district council may by order make any appointment or do anything which appears to them necessary or expedient for the proper holding of such an election or meeting and properly constituting the council, and may, if it appears to them necessary, direct the holding of an election or meeting and fix the date for it.

(5) An order under this section may include such modifications of the provisions of this Act and rules under section 42 above or Part I of the 1949 Act as appear to the High Court or, as the case may be, the district council necessary or expedient for carrying the order into effect.

(6) In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, references in subsections (4) and (5) above to the district council shall be construed as references to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(7) Two copies of every order made by a district council under this section shall be sent to the Secretary of State.

(8) If a municipal election in a London borough is not held on the appointed day or within the appointed time or becomes void, the municipal corporation shall not thereby be dissolved or be disabled from acting.

45.—(1) Schedule 6 to this Act shall have effect for the purpose of amending and otherwise modifying the operation of the Representation of the People Acts and other enactments relating to parliamentary and local government elections, being amendments and modifications necessary or expedient in consequence of other provisions of this Act.

(2) In this Part of this Act ‘the 1949 Act’ means the Representation of the People Act 1949 , and ‘registration officer’ has the same meaning as in that Act.

Part IV: Changes in Local Government Areas

Proposals by Local Government Boundary Commission for England

46.—(1) There shall be a Local Government Boundary Commission for England (in this Act referred to as ‘the English Commission’) who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 7 to this Act shall have effect with respect to the English Commission.

47.—(1) Subject to subsections (2) and (3) below, the English Commission may in consequence of a review conducted by them or a district council under this Part of this Act make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):—

(a) the alteration of a local government area;

(b) the constitution of a new local government area of any description outside Greater London by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of such an area of the like description;

(c) the abolition of a principal area of any description outside Greater London and its distribution among other areas of the like description;

(d) the conversion of a metropolitan into a non-metropolitan county or of a non-metropolitan into a metropolitan county and in consequence thereof the conversion of a metropolitan into a non-metropolitan district or of a non-metropolitan into a metropolitan district within the county;

(e) the constitution of a new London borough by the amalgamation of two or more London boroughs or by the aggregation of parts of London boroughs or by the separation of part of a London borough;

(f) the abolition of a London borough and the distribution of its area among other London boroughs;

(g) the constitution of a new parish by—

(i) the establishment of any area which is not a parish or part of one as a parish; or

(ii) the aggregation of the whole or any part of any such area with one or more parishes or parts of parishes;

(h) the abolition of a parish with or without the distribution of its area among other parishes;

(i) a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under the foregoing paragraphs or is a change (hereafter in this Part of this Act referred to as a substantive change) which is independent of any change in local government areas so proposed.

(2) The English Commission shall not make any proposals to the Secretary of State under this section for a substantive change of electoral arrangements for a parish except in accordance with section 50(7) below.

(3) The English Commission shall not make any such proposals for the conversion of a metropolitan into a non-metropolitan county or of a non-metropolitan into a metropolitan county before the first review carried out by the Commission under section 48(1) below.

(4) For the purposes of subsection (1)(b) and (c) above metropolitan and non-metropolitan counties are areas of a like description and so are metropolitan and non-metropolitan districts.

48.—(1) Subject to subsection (2) and section 49(5) below, it shall be the duty of the English Commission not less than ten or more than fifteen years after 1st April 1974 and thereafter at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection to review—

(a) all counties in England, all metropolitan districts and all London boroughs;

(b) the boundaries between Greater London and the counties adjoining it and between the City and the London boroughs adjoining it;

for the purpose of considering whether or not to make such proposals in relation to all or any, or any part, of those areas or boundaries as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may by direction given to the English Commission vary the length of any interval specified in subsection (1) above either as respects the whole review or as respects any particular case or class of case.

(3) At a time when the English Commission are not conducting a review under subsection (1) above, they may, subject to section 49(5) below, review all or any, or any part, of the areas mentioned in subsection (1)(a) above or of the boundaries mentioned in subsection (1)(b) above for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) If the English Commission receive a request from a local authority or parish meeting that the Commission should conduct a review under subsection (3) above with respect to any area or boundary in England in which the authority or meeting appear to the Commission to be interested, the Commission shall consider the request.

(5) Subject to section 49(5) below, it shall be the duty of the English Commission to keep under review all non-metropolitan districts for the purpose of considering whether or not to make such proposals in relation to any such districts as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority or parish meeting appearing to the Commission to be interested in any such district that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(6) In any case where the Secretary of State has made an order under section 1 of the New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the English Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission, subject to section 49(5) below, to review the areas of those districts for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 47 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(7) Subject to section 49(5) below, the English Commission may at any time review the boundaries between the Inner Temple or the Middle Temple and the City or the City of Westminster for the purpose of considering whether or not to make such proposals with respect to any such boundaries as are authorised by section 47 above and what proposals, if any, to make and shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made with respect to any such boundaries by the Common Council, the Council of the City of Westminster, the Sub-Treasurer of the Inner Temple or the Under Treasurer of the Middle Temple, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(8) Subject to section 49(5) below, it shall be the duty of the council for each district in England to keep the whole of their district under review for the purpose of considering whether or not to make recommendations to the English Commission for such proposals with respect to the constitution of new parishes, the abolition of parishes or the alteration of parishes in their district as are authorised by section 47 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any parish council or parish meeting appearing to the district council to be interested, and the district council shall from time to time report to the Commission accordingly.

(9) The English Commission shall consider any report made under subsection (8) above with respect to any district in England and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 47 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

49.—(1) The Secretary of State may direct the English Commission to conduct a review of the principal areas in England as a whole, or of any one or more local government areas or parts of suck areas in England, for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 47 above and what proposals, if any, to make and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may, at the request of the English Commission or otherwise, direct the council of a district in England to conduct a review of the whole or any part of their district for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new parishes, the abolition of parishes or the alteration of parishes in their district as are authorised by section 47 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3) The English Commission shall consider any report made under subsection (2) above with respect to any district in England and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 47 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) If a district council fail within the period specified in a direction under subsection (2) above to submit a report to the English Commission, the Secretary of State may direct the English Commission to conduct the review which the district council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) The Secretary of State may direct—

(a) the English Commission not to undertake during a specified period a review of any one or more local government areas or parts of such areas, or boundaries between such areas, which the Commission have the duty or power to review under section 48 above; and

(b) a district council not to undertake during a specified period a review of the whole or any specified part of their district which they have power to review under that section.

50.—(1) No review shall be conducted under section 48 or 49 above for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the English Commission not less than ten or more than fifteen years after the completion of the initial review of the electoral arrangements for counties under Schedule 9 below and thereafter, so far as is reasonably practicable, at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection in relation to the area in question, to review the electoral arrangements for every principal area in England for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(3) Without prejudice to subsection (2) above, the English Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a principal area in England for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) It shall be the duty of the council of each district in England to keep under review the electoral arrangements for the parishes (if any) in their district for the purpose of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make, and the council shall consider any request made with respect to those arrangements by the council for, or not less than thirty local government electors of, any parish appearing to the district council to be likely to be affected by those changes, and the district council may, if they think fit, make an order giving effect to those changes.

(5) The English Commission may, on a request made by the council for, or not less than thirty local government electors of, any parish, review the electoral arrangements for the parish for the purpose of considering whether or not to make proposals to the district council for an order under subsection (6) below changing those arrangements and what proposals, if any, to make, and may, if they think fit, formulate such proposals and send them to the district council accordingly.

(6) Where a district council have received proposals from the English Commission under subsection (5) above for an order under this subsection they may, if they think fit, make the order proposed or may suggest modifications to the proposals and, where the Commission agree to the modifications suggested, may make the order with those modifications.

(7) If after receiving any such proposals a district council inform the English Commission that in their opinion the order proposed should not be made (whether with or without modifications) or, if within six months of receiving any such proposals the district council have not made the order proposed (whether with or without modifications), the Commission may report that fact to the Secretary of State and make to him the proposals which they made to the district council.

(8) No representations shall be made after the passing of this Act under paragraph 1 of Part III of Schedule 1 to the 1963 Act (consideration of electoral arrangements for London boroughs).

51.—(1) Where the English Commission have—

(a) in accordance with section 48 or 49 above been conducting a review of any area or considering any recommendations made by a district council; or

(b) in accordance with section 50 above been conducting a review of electoral arrangements on which they have a power or duty to formulate proposals to, or submit a report to, the Secretary of State;

and in either case are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it or any of the recommendations, they shall submit a report to him on the review or that part or those recommendations, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Any statutory instrument containing an order under this section which alters the area of a county, district or London borough, the City, the Inner Temple or the Middle Temple or abolishes a county, district or London borough shall be subject to annulment in pursuance of a resolution of either House of Parliament.

52.—(1) The Secretary of State may give the English Commission or the council of a district in England directions for their guidance in conducting reviews under section 48, 49 or 50 above and making proposals or recommendations or considering substantive changes in electoral arrangements in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(2) A direction shall not be given under subsection (1) above with respect to all reviews, reviews of any class or a single review of all or any class of the principal areas in England except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(3) The Secretary of State may give directions to the English Commission with respect to the order in which areas or electoral arrangements are to be reviewed by them under any provision of section 48 or 49 above.

Proposals by Local Government Boundary Commission for Wales

53.—(1) There shall be a Local Government Boundary Commission for Wales (in this Act referred to as ‘the Welsh Commission’) who shall carry out the functions conferred on them by or under this Act.

(2) The provisions of Schedule 8 to this Act shall have effect with respect to the Welsh Commission.

54.—(1) Subject to subsection (2) below, the Welsh Commission may in consequence of a review conducted by them or a district council under this Part of this Act make proposals to the Secretary of State for effecting changes appearing to the Commission desirable in the interests of effective and convenient local government by any of the following means or any combination of those means (including the application of any of the following paragraphs to an area constituted or altered under any of those paragraphs):—

(a) the alteration of a local government area;

(b) the constitution of a new local government area of any description by the amalgamation of two or more such areas of the like description or by the aggregation of parts of such areas of the like description or by the separation of part of such an area of the like description;

(c) the abolition of a local government area of any description and its distribution among other areas of the like description;

(d) the constitution of a new community by—

(i) the establishment of any area which is not a community or part of one as a community;

(ii) the aggregation of the whole or any part of any such area with one or more communities or parts of communities;

(e) a change of electoral arrangements for any local government area which is either consequential on any change in local government areas proposed under the foregoing paragraphs or is a substantive change.

(2) The Welsh Commission shall not make any proposals to the Secretary of State under this section for a substantive change of electoral arrangements for a community except in accordance with section 57(7) below.

55.—(1) It shall be the duty of the Welsh Commission to keep under review all counties and districts in Wales for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, unless to do so would in their opinion impede the proper discharge of their functions, consider any request made to them by any local authority appearing to the Commission to be interested in any such county or district that the Commission should make such proposals, and in either case the Commission shall, if they think fit, formulate such proposals accordingly.

(2) Upon the completion, in relation to their district, of the special community review under Schedule 10 below it shall be the duty of the council for each district in Wales to keep the whole of their district under review for the purpose of considering whether or not to make recommendations to the Welsh Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities in their district as are authorised by section 54 above and what recommendations, if any, to make and the council shall, unless to do so would in their opinion impede the proper discharge of their functions under this Part of this Act, consider any request made with respect to any of those matters by any community council or community meeting appearing to the district council to be interested, and the district council shall from time to time report to the Commission accordingly.

(3) The Welsh Commission shall consider any report made under subsection (2) above with respect to any district in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) In any case where the Secretary of State has made an order under section 1 of the New Towns Act 1965 designating any land as, or as an extension of, a new town and the area of the new town as so designated or so extended is not wholly comprised within one district, he shall, as soon as practicable after the order has become operative, send to the Welsh Commission a notice stating that the order is in operation and specifying the districts within which that area is situated, and on receipt of such a notice it shall be the duty of the Commission to review the areas of those districts for the purpose of considering whether or not to make such proposals in relation to them as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) If in conducting a review under this section the Commission or a district council intend to make, or recommend the making of, proposals for a change in local government areas they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any of the following:—

(a) the constitution of a council for a community (other than a community which is co-extensive with a district) or a group of such communities;

(b) the dissolution of a community council, whether separate or common;

(c) the separation of a community from a group of communities having a common community council;

(d) the addition of a community to a group of communities having a common community council;

(e) the making of provision for electoral arrangements for any community or group of communities which is consequential on any change proposed under the foregoing paragraphs;

and subsections (1) to (3) above shall apply in relation to proposals for any of those matters and recommendations for such proposals as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

56.—(1) The Secretary of State may direct the Welsh Commission to conduct a review of Wales as a whole, or of any one or more local government areas or parts of such areas in Wales, for the purpose of considering whether or not to make such proposals in relation to the area reviewed as are authorised by section 54 above and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(2) The Secretary of State may, at the request of the Welsh Commission or otherwise, direct the council of a district in Wales to conduct a review of the whole or any part of their district for the purpose of considering whether or not to make recommendations to the Commission for such proposals with respect to the constitution of new communities, the abolition of communities or the alteration of communities in their district as are authorised by section 54 above and what recommendations, if any, to make, and to report to the Commission accordingly within a period specified in the direction.

(3) The Welsh Commission shall consider any report made under subsection (2) above with reference to any district in Wales and, if they think fit, make the proposals recommended, either as submitted to them or with modifications, but if the Commission are of the opinion that the proposals recommended are not, as submitted or with modifications, apt for securing effective and convenient local government in that district or the district council have reported that they will not recommend the Commission to make proposals, the Commission may themselves review the whole or part of that district for the purpose of considering whether or not to make such proposals in relation to it as are authorised by section 54 above and what proposals, if any, to make and may, if they think fit, formulate such proposals accordingly.

(4) If a district council fail within the period specified in a direction under subsection (2) above to submit a report to the Welsh Commission, the Secretary of State may direct the Welsh Commission to conduct the review which the district council were directed to conduct for the purpose of considering whether or not to make any such proposals as aforesaid and what, if any, proposals to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(5) If in conducting a review under this section the Commission or a district council intend to make, or recommend the making of, proposals for a change in local government areas, they shall also consider whether or not in consequence of that change to make or recommend the making of proposals for any such matters as are mentioned in section 55(5) above, and subsections (1) to (3) of that section shall apply in relation to such proposals and recommendations as they apply in relation to proposals authorised by section 54 above and recommendations for such proposals.

57.—(1) No review shall be conducted under section 55 or 56 above for the purpose of making proposals for a substantive change of electoral arrangements, but the following provisions of this section shall have effect with respect to the making of such proposals.

(2) It shall be the duty of the Welsh Commission not less than ten or more than fifteen years after the completion of the initial review of the electoral arrangements for counties under Schedule 10 below and thereafter, so far as is reasonably practicable, at intervals of not less than ten or more than fifteen years from the submission of the last report of the Commission on the previous review under this subsection in relation to the area in question, to review the electoral arrangements for every principal area in Wales for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(3) Without prejudice to subsection (2) above, the Welsh Commission may at any time, whether at the request of a local authority or otherwise, review the electoral arrangements for a principal area in Wales for the purpose of considering whether or not to make proposals to the Secretary of State for a substantive change in those electoral arrangements and what proposals, if any, to make, and the Commission shall, if they think fit, formulate such proposals accordingly.

(4) It shall be the duty of the council of each district in Wales to keep under review the electoral arrangements for the communities in their district for the purpose of considering whether or not to make substantive changes in those arrangements and what changes, if any, to make and the council shall consider any requests made with respect to those arrangements by the council for, or not less than thirty local government electors of, any community appearing to the district council to be likely to be affected by those changes, and the district council may, if they think fit, make an order giving effect to those changes.

(5) The Welsh Commission may, on a request made by the council for, or not less than thirty local government electors of, any community, review the electoral arrangements for the community for the purpose of considering whether or not to make proposals to the district council for an order under subsection (6) below changing those arrangements and what proposals, if any, to make, and may, if they think fit, formulate such proposals and send them to the district council accordingly.

(6) Where a district council have received proposals from the Welsh Commission under subsection (5) above for an order under this subsection they may, if they think fit, make the order proposed or may suggest modifications to the proposals and, where the Commission agree to the modifications suggested, may make the order with those modifications.

(7) If after receiving any such proposals a district council inform the Welsh Commission that in their opinion the order proposed should not be made (whether with or without modifications) or if, within six months of receiving any such proposals the district council have not made the order proposed (whether with or without modifications), the Commission may report that fact to the Secretary of State and make to him the proposals which they made to the district council.

58.—(1) Where the Welsh Commission have—

(a) in accordance with section 55 or 56 above been conducting a review of any area or considering any recommendations made by a district council; or

(b) in accordance with section 57 above been conducting a review of electoral arrangements on which they have a power or duty to formulate proposals to, or submit a report to, the Secretary of State;

and in either case are of the opinion that they are in a position to submit to the Secretary of State a report on the review or any part of it or any of the recommendations, they shall submit a report to him on the review or that part or those recommendations, together with the proposals they have formulated thereon, or, as the case may be, a notification that they have no proposals to put forward thereon.

(2) The Secretary of State may if he thinks fit by order give effect to any proposals made to him by the Welsh Commission, either as submitted to him or with modifications:

Provided that an order giving effect to any such proposals shall not be made until after the expiry of six weeks from the day on which those proposals were submitted to him.

(3) If in relation to any area the Secretary of State decides to make an order under this section giving effect with modifications to proposals made to him by the Commission, he may, if he thinks fit, direct the Commission to conduct a further review of that area or, as the case may be, of its electoral arrangements and to make revised proposals with respect to that area or those arrangements within a time specified in the direction.

(4) Any statutory instrument containing an order under this section which alters the area of a county or district or abolishes a county or district shall be subject to annulment in pursuance of a resolution of either House of Parliament.

59.—(1) The Secretary of State may give the Welsh Commission or the council of a district in Wales directions for their guidance in conducting reviews under section 55, 56 or 57 above and making proposals or recommendations or considering substantive changes in electoral arrangements in consequence thereof, and the directions may relate to all such reviews or to any particular review or class of review.

(2) A direction shall not be given under subsection (1) above with respect to all reviews, reviews of any class or a single review of all or any class of the principal areas in Wales except after consultation with associations appearing to the Secretary of State to be representative of local authorities.

(3) The Secretary of State may give directions to the Welsh Commission with respect to the order in which areas or electoral arrangements are to be reviewed by them under any provision of section 55 or 56 above.

Conduct of reviews

60.—(1) A Commission or district council proposing to conduct a review under the foregoing provisions of this Part of this Act shall take such steps as they think fit to secure that persons who may be interested in the review are informed of the proposal to conduct it and of any directions of the Secretary of State which are relevant to it.

(2) In conducting any such review a Commission or district council shall—

(a) consult—

(i) the council of any local government area affected by the review, and such other local authorities and public bodies as appear to them to be concerned;

(ii) any bodies representative of staff employed by local authorities who have asked the Commission or the council, as the case may be, to be consulted; and

(iii) such other persons as they think fit;

(b) take such steps as they think fit for securing that persons who may be interested in the review are informed of any draft proposals or recommendations, any draft of an order under section 50(4) or 57(4) above or any interim decision not to make proposals or recommendations or any such order and of the place or places where those proposals or recommendations or that order or decision can be inspected;

(c) in particular, deposit copies of those proposals or recommendations or that order or decision at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(d) take into consideration any representations made to them within that period.

(3) In considering any recommendations made by a district council in consequence of a review conducted by them under this Part of this Act a Commission may consult the council of any local government area affected by the review, such other local authorities and public bodies as appear to them to be concerned and such other persons as they think fit.

(4) Where a Commission propose to modify any proposals recommended by a district council as aforesaid or not to submit any such proposals, the Commission shall—

(a) take such steps as they think fit for securing that persons who may be interested in any modification or decision are informed of it and of the place or places where it can be inspected;

(b) deposit copies of any draft modification or the decision at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices for a period specified in the requirement; and

(c) take into consideration any representations which may be made to them with respect to any such modification or decision within that period.

(5) Where a Commission or a district council make a report, proposals or recommendations under this Part of this Act they shall—

(a) take such steps as they think fit for securing that persons who may be interested in the report, proposals or recommendations are informed of the report, proposals or recommendations and of the place or places where they can be inspected;

(b) in particular, deposit copies of the report, proposals or recommendations at the offices of any principal council whose area may be affected thereby and require any such council to keep the copies available for inspection at their offices until the expiration of six months after the making of an order giving effect, with or without modifications, to the proposals or recommendations or after a notification by the Commission that they have no proposals to put forward or, as the case may be, by the Secretary of State that he does not propose to give effect to the proposals of the Commission.

(6) Subject to subsections (1) to (5) above, the Secretary of State may make regulations prescribing the procedure by which a Commission or, as the ease may be, a district council are to conduct a review under this Part of this Act or by which a Commission are to consider recommendations of a district council thereunder.

(7) Subject to those subsections and to any regulations made under subsection (6) above, the procedure of a Commission or a district council in conducting any such review and the procedure of the Commission in considering any such recommendations shall be such as they may determine.

61.—(1) A Commission or district council may cause a local inquiry to be held with respect to any review carried out by them under this Part of this Act.

(2) Section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Commission or district council causing the inquiry to be held.

Border between England and Wales

62.—(1) The English Commission and the Welsh Commission may jointly review the boundary between a county in England and a county in Wales and, with the consent of the councils of both counties, make joint proposals to the Secretary of State for making alterations to the boundary appearing to the Commissions desirable in the interests of effective and convenient local government and for making consequential changes to the electoral arrangements for any area in those counties.

(2) The Commissions shall before making proposals under this section—

(a) give public notice in such manner as appears to the Commissions to be sufficient for informing persons likely to be concerned that they are holding a review under this section;

(b) prepare draft proposals and furnish copies of them to all public bodies appearing to the Commissions to be affected thereby and require those bodies which are principal councils to make copies available for inspection at their offices for a period specified in the requirement;

(c) on furnishing such copies as aforesaid give public notice as aforesaid that copies of the draft proposals are available for inspection as aforesaid and that objections to the proposals may be made to the Commissions within a time specified in the notice;

(d) consider any objections received by the Commissions within that time and, if they think fit, cause a local inquiry to be held with respect to the proposals.

(3) Section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this section with the substitution for references to a Minister of references to the Commissions.

(4) The Secretary of State may give both the Commissions directions for their guidance in conducting a review and making proposals under this section.

(5) Where the Commissions have in accordance with this section completed a review thereunder, they shall submit to the Secretary of State a report on the review together with the proposals they have formulated or, as the case may be, a notification that they have no proposals to put forward, and section 60(5) above shall apply to the report and proposals as it applies to any report or proposals mentioned therein.

(6) Subject to the foregoing provisions of this section, the procedure of the Commissions for conducting a review under this section shall be such as they may determine.

(7) The Secretary of State may if he thinks fit by order give effect to any proposals made to him under this section either as submitted to him or with such modifications as he may agree with the county councils concerned.

(8) No order shall be made under this section unless a draft of the order has been laid before, and approved by a resolution of, each House of Parliament.

Initial reviews

63.— Schedule 9 to this Act shall have effect with respect to the initial review of electoral arrangements for counties and districts in England.

64.— Schedule 10 to this Act shall have effect with respect to the review of Wales with a view to the making of changes in the areas, councils and electoral arrangements of communities in Wales and with respect to the initial review of electoral arrangements for counties and districts in Wales.

Supplementary provisions

65.—(1) A Commission may appoint one or more members of the Commission—

(a) to hold any local inquiry or to carry out any consultation or investigation which the Commission are required or authorised to hold or carry out under this Act; and

(b) to report to the Commission accordingly.

(2) At the request of a Commission the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above—

(a) shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b) shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

66.—(1) The Commissions acting jointly may appoint one or more members of either or both of the Commissions—

(a) to hold any local inquiry or to carry out any consultation or investigation which the Commissions, acting jointly, are required or authorised to hold or carry out under this Act; and

(b) to report to the Commissions accordingly.

(2) At the request of the Commissions the Secretary of State may appoint one or more persons as assistant commissioners for all or any of the purposes specified in subsection (1)(a) and (b) above.

(3) The appointment of an assistant commissioner under subsection (2) above—

(a) shall be for such period or for such purpose or purposes as may be specified in the terms of his appointment; and

(b) shall be on such terms and conditions as to remuneration and otherwise as may be determined by the Secretary of State with the approval of the Minister for the Civil Service.

67.—(1) The Secretary of State may by regulations of general application make such incidental, consequential, transitional or supplementary provision as may appear to him to be necessary or proper for the purposes or in consequence of orders under this Part of this Act or for giving full effect thereto; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(2) Regulations under this section may in particular include, in addition to any provision made by virtue of section 255 below, provision of general application with respect to—

(a) the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;

(b) the functions or areas of jurisdiction of any public body, justice of the peace, stipendiary magistrate, coroner, custos rotulorum, lord-lieutenant, lieutenant, high sheriff and other officers (including police officers) within any area affected by any such order, and the costs and expenses of such public bodies and persons as aforesaid;

(c) the transfer of legal proceedings;

and may apply, with or without modifications, or extend, exclude or amend, or repeal or revoke, with or without savings, any provision of an Act, an instrument made under an Act or a charter.

(3) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) An order under this Part of this Act may include the like provision in relation to the order as may be made by regulations of general application under this section by virtue of subsections (1) and (2) above; and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.

(5) Any such order may also include provision with respect to—

(a) the name of any altered area;

(b) the constitution and election of public bodies in any area affected by the order;

(c) the total number of councillors and aldermen (if any), the apportionment of councillors among electoral areas, the assignment of existing councillors to new or altered electoral areas, the first election of councillors for any new or altered electoral area, and the first election of aldermen (if any);

(d) without prejudice to paragraph (c) above, the holding of a fresh election of councillors for all electoral areas in the local government area in question in a case where substantial changes have been made to some of those areas;

(e) without prejudice to paragraph (c) above, the order of retirement of councillors for any such electoral area;

(f) in the case of an order relating to the system of election of district councillors, the ordinary year of election and the order of retirement of parish or community councillors for any parish or community situated in the district;

(g) the abolition or establishment, or the restriction or extension, of the jurisdiction of any public body in or over any part of the area affected by the order.

68.—(1) Any public bodies affected by the alteration, abolition or constitution of any area by an order under this Part of this Act may from time to time make agreements with respect to any property, income, rights, liabilities and expenses (so far as affected by the alteration, abolition or constitution) of, and any financial relations between, the parties to the agreement.

(2) The agreement may provide—

(a) for the transfer or retention of any property, rights and liabilities, with or without conditions, and for the joint use of any property;

(b) for the making of payments by either party to the agreement in respect of property, rights and liabilities so transferred or retained, or of such joint use, and in respect of the remuneration or compensation payable to any person; and

(c) for the making of any such payment either by way of a capital sum or of a terminable annuity.

(3) In default of agreement as to any matter, the matter shall be referred to the arbitration of a single arbitrator agreed on by the parties, or in default of agreement appointed by the Secretary of State, and the award of the arbitrator may provide for any matter for which an agreement under this section might have provided.

(4) Any sum required to be paid by a public body in pursuance of an agreement or award under this section may be paid out of such fund or rate as may be specified in the agreement or award, or if no fund or rate was specified, either out of the fund or rate from which the general expenses of the public body are defrayed, or out of such fund or rate as the public body may direct.

(5) For the purposes of paying any capital sum required to be paid by a public body in pursuance of any such agreement or award—

(a) a local authority may borrow without the approval of the Secretary of State, but so that the sum borrowed shall be repaid within such period as the authority with the consent of the Secretary of State may determine;

(b) any other public body having power under any enactment or any instrument made under any Act to borrow may borrow under that enactment or instrument; and

(c) a public body having no power under any enactment or any such instrument to borrow may be empowered by an order made by the Secretary of State to borrow in such manner and in accordance with such conditions as may be provided by the order.

(6) Subject to subsection (7) below, capital money received by a local authority other than a parish council, parish meeting or community council in pursuance of an agreement or award under this section shall be applied either—

(a) at the discretion of the local authority in one or more of the following ways, namely,—

(i) for the purposes of a service whose cost is borne by the housing revenue account or by the county fund, the general fund of the Greater London Council or the general rate fund, being a purpose for which the authority have obtained the approval of the Secretary of State or have been authorised by a local enactment to borrow money on terms providing for repayment within a period of not less than 15 years;

(ii) in or towards the repayment of a debt incurred by the authority for the purpose of any such service as aforesaid, being a debt repayable within a period of which, at the date of the application of the money, not less than 15 years remain unexpired;

(iii) in making, in each of not less than 15 consecutive financial years, payments each of equal amount into the county fund, the general fund of the Greater London Council or the general rate fund;

(iv) in making a payment into a capital fund established by them under paragraph 16 of Schedule 13 to this Act; or

(b) with the approval of the Secretary of State in or towards the repayment of a debt incurred by the authority (other than such a debt as is mentioned in paragraph (a)(ii) above) or otherwise for a purpose for which, apart from this subsection, capital money may be applied;

and capital money received by any other public body in pursuance of an agreement or award under this section shall be applied in such manner as me Secretary of State may approve towards the discharge of any debt of me body or otherwise for a purpose for which capital money may be applied.

(7) Capital money shall not be applied by a local authority under subsection (6) above—

(a) in pursuance of paragraph (a)(i) thereof, for a purpose of any undertaking of the authority, being a transport, water, district heating, harbour, dock, pier or ferry undertaking, or a market or civic restaurant, or

(b) in pursuance of paragraph (a)(ii) thereof, in or towards repayment of a debt incurred for a purpose of any such undertaking, market or restaurant, or

(c) in pursuance of paragraph (a)(iv) thereof, so as to make the fund mentioned in that sub-paragraph exceed such sum as the Secretary of State may from time to time determine, either generally or in any particular case.

(8) Any agreement or award under this section which relates to the profits of local taxation licences shall, so far as it so relates, be carried out in accordance with regulations made by the Secretary of State.

(9) Subsection (8) above shall apply to—

(a) an adjustment made under section 151 of the 1933 Act, whether as originally enacted or as applied by any other enactment or any instrument made under any Act; and

(b) an adjustment made under section 32 or 62 of the Local Government Act 1888 , whether as originally enacted or as so applied, and consequent on an alteration of areas effected after 31st March 1930;

as it applies in relation to an agreement or award under this section.

69.—(1) The power conferred by section 266 below to vary and revoke orders under this Act shall, in the case of orders under this Part of this Act, apply only in relation to any supplementary provision contained in any such order, and an order varying or revoking any such provision shall only be made after compliance with subsections (2) and (3) below.

(2) The Secretary of State or district council proposing to make any such varying or revoking order shall prepare a draft of the order, shall send copies of the draft to such local or public authorities as appear to him or them to be concerned, and shall give public notice, in such manner as appears to him or them sufficient for informing persons likely to be concerned, that the draft has been prepared, that a copy of the draft is available for inspection at a place specified in the notice and that representations with respect to the draft may be made to him or them within two months of the publication of the notice.

(3) The Secretary of State or district council shall consider any representations duly made with respect to the draft and may, if he or they think fit, make an order either in the form of the draft or subject to modifications.

(4) The Secretary of State or a district council may cause a local inquiry to be held with respect to the draft and section 250(2), (3) and (5) below shall apply in relation to an inquiry held under this subsection by a district council with the substitution for references to a Minister of references to the council.

(5) Any supplementary provision contained in an order made by a Minister of the Crown under any of the following enactments (being enactments making provision corresponding to some or all of the foregoing provisions of this Part of this Act), that is to say—

(a) section 46 of the Local Government Act 1929;

(b) Part VI of the 1933 Act;

(c) Part II of the Local Government Act 1958;

(d) section 6 of the 1963 Act;

(e) any enactment repealed by the 1933 Act and corresponding to any enactment in the said Part VI;

may be varied or revoked by an order made by the Secretary of State, and subsections (2) to (4) above shall apply in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(6) Any supplementary provision contained in an order made under any of the enactments mentioned in subsection (5) above by a county council may be varied or revoked in relation to any new district to which or part of which that provision relates by an order made by the council of the district, and subsections (2) to (4) above shall apply with all necessary modifications in relation to any such order as they apply in relation to orders varying or revoking orders under this Part of this Act.

(7) In this section ‘supplementary provision’ means any such provision as could be made by an order under this Part of this Act by virtue of section 67 above or section 255 below.

Miscellaneous

70.— No local authority shall have power to promote a Bill for forming or abolishing any local government area or for altering, or altering the status or electoral arrangements of, any local government area.

71.—(1) A Commission may at any time review so much of the boundary of any county as lies below the high-water mark of medium tides and does not form a common boundary with another county and may make proposals to the Secretary of State for making alterations to any part of the boundary so as to include in the county any area of the sea which at the date of the proposals is not, in whole or in part, comprised in any other county or to exclude from the county any area of the sea which at that date is comprised in the county.

(2) The Secretary of State may direct a Commission to conduct a review under this section of a particular boundary or not to undertake during a specified period such a review of a particular boundary, and may give a Commission directions for their guidance in conducting a review and making proposals under this section.

(3) Subsections (1), (2), (5), (6) and (7) of section 60 above shall apply in relation to a review under this section as they apply in relation to a review under the provisions of this Part of this Act which precede that section.

(4) The Secretary of State may if he thinks fit by order give effect to any proposals made to him under this section, either as submitted to him or with modifications.

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

72.—(1) Subject to subsection (3) below, every accretion from the sea, whether natural or artificial, and any part of the sea-shore to the low water-mark, which does not immediately before the passing of this Act form part of a parish shall be annexed to and incorporated with—

(a) in England, the parish or parishes which the accretion or part of the sea-shore adjoins, and

(b) in Wales, the community or communities which the accretion or part of the sea-shore adjoins,

in proportion to the extent of the common boundary.

(2) Every accretion from the sea or part of the sea-shore which is annexed to and incorporated with a parish or community under this section shall be annexed to and incorporated with the district and county in which that parish or community is situated.

(3) In England, in so far as the whole or part of any such accretion from the sea or part of the sea-shore as is mentioned in subsection (1) above does not adjoin a parish, it shall be annexed to and incorporated with the district which it adjoins or, if it adjoins more than one district, with those districts in proportion to the extent of the common boundary; and every such accretion or part of the sea-shore which is annexed to and incorporated with a district under this section shall be annexed to and incorporated with the county in which that district is situated.

Alteration of local boundaries consequent on alteration of water-course

73.—(1) Where, in the exercise of any power conferred by the Land Drainage Act 1930 or any other enactment, a water-course forming a boundary line between two or more areas of local government is straightened, widened or otherwise altered so as to affect its character as a boundary line, the drainage board or other persons under whose authority the alteration is made shall forthwith send notice of the alteration to the Secretary of State.

(2) If after consultation with the English Commission or the Welsh Commission, as the case may require, the Secretary of State is satisfied that, having regard to the alteration specified in the notice, a new boundary line may conveniently be adopted, he may by order declare that such line as may be specified in the order (whether or not consisting wholly or in part of the line of the water-course as altered) shall be substituted for so much of the boundary line as, before the alteration, lay along the line of the water-course; and where such an order is made the limits of the areas of which the water-course, before the alteration, was the boundary shall be deemed to be varied accordingly.

(3) The Secretary of State shall, in such manner as he thinks appropriate, publish notice of any order made by him under this section.

74.—(1) Subject to subsection (5) below, the council of a county, district or London borough may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, change the name of the county, district or borough.

(2) Where the name of a district which has been granted the status of a city, borough or royal borough or the name of a London borough is changed in pursuance of this section, the charter or other grant or incorporation order shall have effect as if the new name were substituted for the old.

(3) Notice of any change of name made under this section—

(a) shall be sent by the council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b) shall be published in such manner as the Secretary of State may direct.

(4) A change of name made in pursuance of this section shall not affect any rights or obligations of any county, district or London borough or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

(5) The name of a county or district shall not be changed under this section before 1st April 1978 unless the change is made with the consent of the Secretary of State.

75.—(1) At the request of the parish council or, where there is no parish council, at the request of the parish meeting, the council of the district in which the parish is situated may change the name of the parish.

(2) Notice of any change of name made under this section—

(a) shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b) shall be published by the district council in the parish and elsewhere in such manner as they consider appropriate.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any parish or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

76.—(1) At the request of the community council or, where there is no community council, at the request of a community meeting, the council of the district in which the community is situated may change the name of the community.

(2) Notice of any change of name made under this section—

(a) shall be sent by the district council concerned to the Secretary of State, to the Director General of the Ordnance Survey and to the Registrar General; and

(b) shall be published by the district council in the community and elsewhere in such manner as they consider appropriate.

(3) A change of name made in pursuance of this section shall not affect any rights or obligations of any community or of any council, authority or person, or render defective any legal proceedings; and any legal proceedings may be commenced or continued as if there had been no change of name.

77.—(1) Notwithstanding anything in Schedule 2 to this Act the Greater London Council may with the consent of the Secretary of State change the name of the Council or Greater London, or both, or make provision as to the titles by which the chairman, vice-chairman and any deputy chairman of the council are to be known.

(2) Any change of name under this section shall take effect as from such date as the Secretary of State may by order appoint.

(3) A change of name under this section shall not—

(a) affect any rights or obligations of any authority or person;

(b) be taken as invalidating any instrument (whether made before or after the date appointed by the order) which refers to the Council or Greater London by the previous name;

but the new name shall be substituted for the previous name in all enactments relating to the Council or, as the case may be, Greater London and in all instruments and legal proceedings made or begun before that date which refer to that previous name, but not so as to affect the title of any Act or instrument.

78.—(1) In this Part of this Act—

‘electoral arrangements’ means—

(a) in relation to a principal area, the number of councillors of the council for that area, the number and boundaries of the electoral areas into which that area is for the time being divided for the purpose of the election of councillors, the number of councillors to be elected for any electoral area in that principal area and the name of any electoral area;

(b) in relation to a parish or community council or a common parish or community council, the number of councillors, the question whether the parish or community or any parish or community, as the case may be, should or should not be or continue to be divided into wards for the purpose of the election of councillors, the number and boundaries of any such wards, the number of councillors to be elected for any such ward or in the case of a common parish or community council for each parish or community and the name of any such ward;

‘local government area’ includes the City, the Inner Temple and the Middle Temple;

‘public body’ includes any compensation authority for the purposes of the Licensing Act 1964.

‘substantive change’ has the meaning assigned to it by section 47(1)(i) above.

(2) In considering the electoral arrangements for local government areas for the purposes of this Part of this Act, the Secretary of State, each of the Commissions and every district council shall so far as is reasonably practicable comply with the rules set out in Schedule 11 to this Act.

Part V: General Provisions as to Members and Proceedings of Local Authorities

Qualifications and disqualifications

79.—(1) A person shall, unless disqualified by virtue of this Act or any other enactment, be qualified to be elected and to be a member of a local authority if he is a British subject or a citizen of the Republic of Ireland and on the relevant day he has attained the age of twenty-one years and—

(a) on that day he is and thereafter he continues to be a local government elector for the area of the authority; or

(b) he has during the whole of the twelve months preceding that day occupied as owner or tenant any land or other premises in that area; or

(c) his principal or only place of work during that twelve months has been in that area; or

(d) he has during the whole of those twelve months resided in that area; or

(e) in the case of a member of a parish or community council he has during the whole of those twelve months resided either in the parish or community or within three miles of it.

(2) In this section ‘relevant day’, in relation to any candidate, means—

(a) except in the case of an election not preceded by the nomination of candidates, the day on which he is nominated as a candidate and also, if there is a poll, the day of election; and

(b) in the said excepted case, the day of election.

80.—(1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority if he—

(a) holds any paid office or employment (other than the office of chairman, vice-chairman or deputy chairman) appointments to which are or may be made or confirmed by the local authority or any committee or subcommittee of the authority or by a joint board or joint committee on which the authority are represented or by any person holding any such office or employment; or

(b) is a person who has been adjudged bankrupt, or made a composition or arrangement with his creditors; or

(c) has within five years before the day of election or since his election been surcharged by a district auditor to an amount exceeding 500 under Part X of the 1933 Act; or

(d) has within five years before the day of election or since his election been convicted in the United Kingdom, the Channel Islands or the Isle of Man of any offence and has had passed on him a sentence of imprisonment (whether suspended or not) for a period of not less than three months without the option of a fine; or

(e) is disqualified for being elected or for being a member of that authority under Part III of the Representation of the People Act 1949 or under Part VIII below.

(2) Subject to the provisions of section 81 below, a paid officer of a local authority who is employed under the direction of—

(a) a committee or sub-committee of the authority any member of which is appointed on the nomination of some other local authority; or

(b) a joint board or joint committee on which the authority are represented and any member of which is so appointed;

shall be disqualified for being elected or being a member of that other local authority.

(3) Teachers in a school maintained but not established by a local education authority shall be in the same position as respects disqualification for office as members of the authority as teachers in a school established by the authority.

(4) A person who is for the time being a member, officer or servant of, or an officer or servant of a subsidiary (within the meaning of the Transport Act 1962) of, the Passenger Transport Executive for an area which is coterminous with the area of a county shall be disqualified for being elected or being a member of the council of that county.

(5) For the purposes of subsection (1)(c) and (d) above, the ordinary date on which the period allowed for making an appeal or application with respect to the surcharge or conviction expires or, if such an appeal or application is made, the date on which the appeal or application is finally disposed of or abandoned or fails by reason of the non-prosecution thereof shall be deemed to be the date of the surcharge or conviction, as the case may be.

81.—(1) Where a person is disqualified under section 80 above by reason of having been adjudged bankrupt, then—

(a) if the bankruptcy is annulled on the ground that he ought not to have been adjudged bankrupt or on the ground that his debts have been paid in full, the disqualification shall cease on the date of the annulment;

(b) if he is discharged with a certificate that the bankruptcy was caused by misfortune without any misconduct on his part, the disqualification shall cease on the date of his discharge; and

(c) if he is discharged without such a certificate, his disqualification shall cease on the expiration of five years from the date of his discharge.

(2) Where a person is disqualified under section 80 above by reason of his having made a composition or arrangement with his creditors and he pays his debts in full, the disqualification shall cease on the date on which the payment is completed and in any other case it shall cease on the expiration of five years from the date on which the terms of the deed of composition or arrangement are fulfilled.

(3) Nothing in section 80(1)(a), (2) or (3) above shall operate to disqualify any person for being elected or being—

(a) the chairman, vice-chairman, deputy chairman or an alderman of the Greater London Council;

(b) a councillor of the Greater London Council for an electoral area in an outer London borough;

(c) a member of the council of an inner London borough;

by reason of his being a teacher in, or being otherwise employed in, any school, college or other educational institution maintained or assisted by the Inner London Education authority.

(4) Section 80(2) and (3) above shall not operate so as to disqualify—

(a) any person by reason of his being a teacher, or otherwise employed, in a school, college or other educational institution maintained or assisted by a county council for being a member of a district council by reason that the district council nominates members of the education committee of the county council; or

(b) any person by reason of his being a teacher, or otherwise employed, in a school, college or other educational institution maintained or assisted by a metropolitan district council for being a member of the county, council by reason that the county council nominates members of the education committee of the district council.

82.— The acts and proceedings of any person elected to an office under this Act and acting in that office shall, notwithstanding his disqualification or want of qualification, be as valid and effectual as if he had been qualified.

Acceptance, resignation and vacation of office, and casual vacancies

83.—(1) The person elected to any of the following offices, that is to say the office of chairman, vice-chairman, alderman or councillor of the council of a county, district or London borough or the Greater London Council or deputy chairman of the Greater London Council shall not, unless he has made a declaration of acceptance of office in a form prescribed by rules under section 42 above, and the declaration has within two months from the day of the election been delivered to the proper officer of the council, act in the office except for the purpose of taking such a declaration.

(2) If such a declaration is not made and delivered to the proper officer within the appointed time, the office of the person elected shall at the expiration of that time become vacant.

(3) The declaration shall be made before either—

(a) two members of the council to which the declarant is elected; or

(b) the proper officer of the council; or

(c) a justice of the peace or magistrate in the United Kingdom, the Channel Isles or the Isle of Man; or

(d) a commissioner appointed to administer oaths in the Supreme Court.

(4) A person elected to the office of chairman of a parish or community council or parish or community councillor shall—

(a) in the case of the chairman, at the meeting at which he is elected;

(b) in the case of a councillor, before or at the first meeting of the parish or community council after his election; or

(c) in either case if the council at that meeting so permit, before or at a later meeting fixed by the council;

make in the presence of a member of the council or of the proper officer of the council and deliver to the council a declaration of acceptance of office in a form prescribed by rules under section 42 above, and if he fails to do so his office shall thereupon become vacant.

(5) Any person before whom a declaration is authorised to be made under this section may take the declaration.

84.— A person elected to any office under this Act may at any time resign his office by written notice delivered—

(a) except in a case falling within paragraph (b), (c) or (d) below, to the proper officer of the council;

(b) in the case of a person elected to a corporate office in a London borough, to the proper officer of the borough;

(c) in the case of a parish or community councillor, to the chairman of the parish or community council;

(d) in the case of a chairman of a parish or community council or of a parish meeting, to the council or the meeting, as the case may be;

and his resignation shall take effect upon the receipt of the notice by the person or body to whom it is required to be delivered.

85.—(1) Subject to subsections (2) and (3) below, if a member of a local authority fails throughout a period of six consecutive months from the date of his last attendance to attend any meeting of the authority, he shall, unless the failure was due to some reason approved by the authority before the expiry of that period, cease to be a member of the authority.

(2) Attendance as a member at a meeting of any committee or sub-committee of the authority, or at a meeting of any joint committee, joint board or other body by whom for the time being any of the functions of the authority are being discharged, or who were appointed to advise the authority on any matter relating to the discharge of their functions, and attendance as representative of the authority at a meeting of any body of persons, shall be deemed for the purposes of subsection (1) above to be attendance at a meeting of the authority.

(3) A member of any branch of Her Majesty's naval, military or air forces when employed during war or any emergency on any naval, military or air force service, and a person whose employment in the service of Her Majesty in connection with war or any emergency is such as, in the opinion of the Secretary of State, to entitle him to relief from disqualification on account of absence, shall not cease to be a member of a local authority by reason only of a failure to attend meetings of the local authority if the failure is due to that employment.

86.— Where a member of a local authority—

(a) ceases to be qualified to be a member of the authority; or

(b) becomes disqualified for being a member of the authority otherwise than by virtue of an order under Part VIII below, a surcharge, a conviction or a breach of any provision of Part II of the Representation of the People Act 1949; or

(c) ceases to be a member of the authority by reason of failure to attend meetings of the authority;

the authority shall, except in any case in which a declaration has been made by the High Court under this Part of this Act, forthwith declare his office to be vacant.

87.—(1) For the purpose of filling a casual vacancy in any office for which an election is held under this Act, the date on which the vacancy is to be deemed to have occurred shall be—

(a) in the case of non-acceptance of office by any person who is required to make and deliver a declaration of acceptance of office, on the expiration of the period appointed under this Part of this Act for the delivery of the declaration;

(b) in the case of resignation, upon the receipt of the notice of resignation by the person or body to whom the notice is required to be delivered;

(c) in the case of death, on the date of death;

(d) in the case of a disqualification by virtue of an order under Part VIII below or a surcharge or conviction, on the expiration of the ordinary period allowed for making an appeal or application with respect to the order, surcharge or conviction or, if an appeal or application is made, on the date on which that appeal or application is finally disposed of or abandoned or fails by reason of non-prosecution thereof;

(e) in the case of an election being declared void on an election petition, on the date of the report or certificate of the election court;

(f) in the case of a person ceasing to be qualified to be a member of a local authority, or becoming disqualified, for any reason other than one mentioned in paragraphs (a) to (e) above, or ceasing to be a member of a local authority by reason of failure to attend meetings, on the date on which his office is declared to have been vacated either by the High Court or by the local authority, as the case may be; and

(g) in the case of a councillor accepting the office of alderman or of an alderman accepting the office of councillor, on the date on which he accepts that office.

(2) Public notice of a casual vacancy in any such office as is referred to in subsection (1) above shall be given by the local authority in which the office exists; and the steps required to be taken to give public notice in accordance with section 232 below shall be taken—

(a) in a case where the local authority declare the office to be vacant, immediately after the declaration; and

(b) in any other case, as soon as practicable after the date on which, by virtue of subsection (1) above, the vacancy is deemed to have occurred.

88.—(1) On a casual vacancy occurring in the office of chairman of any council or of any alderman, an election to fill the vacancy shall be held not later than the next ordinary meeting of the council held after the date on which the vacancy occurs, or if that meeting is held within fourteen days after that date, then not later than the next following ordinary meeting of the council, and shall be conducted in the same manner as an ordinary election.

(2) Where the office vacant is that of chairman of the council, a meeting of the council for the election may be convened by the proper officer of the authority.

(3) In a parish not having a separate parish council, a casual vacancy in the office of chairman of the parish meeting shall be filled by the parish meeting, and a parish meeting shall be convened for the purpose of filling the vacancy forthwith.

89.—(1) Subject to the provisions of this section, on a casual vacancy occurring in the office of councillor for any principal area, an election to fill the vacancy shall be held—

(a) in a case in which the High Court or the council have declared the office to be vacant, within forty-two days (computed in accordance with section 243(4) below) from the date of the declaration;

(b) in any other case, within forty-two days (so computed) after notice in writing of the vacancy has been given to the proper officer of the authority by two local government electors for the area.

(2) The day of election to fill a casual vacancy in any office mentioned in subsection (1) above shall be fixed by the returning officer or, in the case of an election of a councillor of the Greater London Council, the proper officer of that Council.

(3) Where a casual vacancy in any such office occurs within six months before the day on which the councillor whose office is vacant would regularly have retired, an election shall not be held under subsection (1) above unless on the occurrence of the vacancy (or in the case of a number of simultaneous vacancies, the occurrence of the vacancies) the total number of unfilled vacancies in the membership of the council exceeds one third of the whole number of members; and where an election under subsection (1) above is not held, the vacancy shall be filled at the next ordinary election.

(4) Where more than one casual vacancy in the office of councillor of a district in which councillors are elected by thirds is filled at the same election, the person elected by the smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have first retired, and the person elected by the next smallest number of votes shall be deemed to be elected in place of the councillor who would regularly have next retired and so with respect to the others; and if there has not been a contested election, or if any doubt arises, the order of retirement shall be determined by lot.

(5) Where an election to fill one or more casual vacancies in the office of councillor of any such district is combined with an ordinary election of councillors, the following provisions shall apply—

(a) where an election is contested—

(i) the persons who are elected by the smallest numbers of votes, or if any relevant votes are equal such persons as are determined by lot, shall be deemed elected to fill the casual vacancies;

(ii) if the persons elected to fill the casual vacancies will hold office for different periods, the person elected by the smallest number of votes or, if the relevant votes are equal, such person as is determined by lot, shall hold office for the shorter period, and so with respect to the others;

(b) where the election is not contested—

(i) those declared elected (if fewer than the vacancies to be filled) shall be deemed elected to fill the vacancies in which they will hold office for the longest periods;

(ii) where there are two or more persons declared elected and they are to fill vacancies in which they will hold office for different periods, any retiring councillors elected shall be deemed elected to fill the vacancies in which they will hold office for the longest period, and the question which of the persons declared elected who are not retiring councillors is to be deemed elected to fill any of the vacancies not filled by retiring councillors shall be determined by lot.

(6) A casual vacancy among parish or community councillors shall be filled by election or by the parish or community council in accordance with rules made under section 42 above.

(7) Where under this section any question is required to be determined by lot—

(a) in the case of a contested election, the lot shall be drawn by the returning officer immediately after the question has arisen; and

(b) in any other case, the lot shall be drawn at the next meeting of the council after the question has arisen, and the drawing shall be conducted under the direction of the person presiding at the meeting.

90.— A person elected or appointed under the foregoing provisions of this Act in England or Wales to fill any casual vacancy, or elected under the 1933 Act in England to fill a casual vacancy in the office of chairman of a parish council or parish meeting or of parish councillor, shall hold office until the date upon which the person in whose place he is elected would regularly have retired, and he shall then retire.

91.—(1) Where there are so many vacancies in the office of parish or community councillor that the parish or community council are unable to act, the district council may by order appoint persons to fill all or any of the vacancies until other councillors are elected and take up office.

(2) In the case of a common parish council under which are grouped, by virtue of section 11(5) above, parishes situated in different districts, the reference in subsection (1) above to the district council shall be construed as a reference to the council of the district in which there is the greater number of local government electors for the parishes in the group.

(3) Two copies of every order made under this section shall be sent to the Secretary of State.

Proceedings for disqualification

92.—(1) Proceedings against any person on the ground that he acted or claims to be entitled to act as a member of a local authority while disqualified for so acting within the meaning of this section may be instituted by, and only by, any local government elector for the area concerned—

(a) in the High Court or a magistrates' court if that person so acted;

(b) in the High Court if that person claims to be entitled so to act;

but proceedings under paragraph (a) above shall not be instituted against any person after the expiration of more than six months from the date on which he so acted.

(2) Where in proceedings instituted under this section it is proved that the defendant has acted as a member of a local authority while disqualified for so acting, then—

(a) if the proceedings are in the High Court, the High Court may—

(i) make a declaration to that effect and declare that the office in which the defendant has acted is vacant;

(ii) grant an injunction restraining the defendant from so acting;

(iii) order that the defendant shall forfeit to Her Majesty such sum as the court think fit, not exceeding 50 for each occasion on which he so acted while disqualified;

(b) if the proceedings are in a magistrates' court, the magistrates' court may, subject to the provisions of this section, convict the defendant and impose on him a fine not exceeding 50 for each occasion on which he so acted while disqualified.

(3) Where proceedings under this section are instituted in a magistrates' court, then—

(a) if the court is satisfied that the matter would be more properly dealt with in the High Court, it shall by order discontinue the proceedings;

(b) if the High Court, on application made to it by the defendant within fourteen days after service of the summons, is satisfied that the matter would be more properly dealt with in the High Court, it may make an order, which shall not be subject to any appeal, requiring the magistrates' court by order to discontinue the proceedings.

(4) Where in proceedings instituted under this section in the High Court it is proved that the defendant claims to act as a member of a local authority and is disqualified for so acting, the court may make a declaration to that effect and declare that the office in which the defendant claims to be entitled to act is vacant and grant an injunction restraining him from so acting.

(5) No proceedings shall be instituted against a person otherwise than under this section on the ground that he has, while disqualified for acting as a member of a local authority, so acted or claimed to be entitled so to act.

(6) For the purposes of this section a person shall be deemed to be disqualified for acting as a member of a local authority—

(a) if he is not qualified to be, or is disqualified for being, a member of the authority; or

(b) if by reason of failure to make and deliver the declaration of acceptance of office within the period required, or by reason of resignation or failure to attend meetings of the local authority, he has ceased to be a member of the authority.

Restrictions on voting

93.— Except in the exercise of a casting vote when presiding over a meeting of the Greater London Council or a committee thereof—

(a) a councillor of the Greater London Council elected for an electoral area which includes the City and the Temples shall not vote at any such meeting on any matter involving only expenditure on account of which no part of the City, the Temples or the City of Westminster is for the time being liable to be charged; and

(b) a councillor of the Greater London Council elected for any other electoral area shall not vote at any such meeting on any matter involving only expenditure on account of which the London borough in which that electoral area is situated is not for the time being liable to be charged.

94.—(1) Subject to the provisions of section 97 below, if a member of a local authority has any pecuniary interest, direct or indirect, in any contract, proposed contract or other matter, and is present at a meeting of the local authority at which the contract or other matter is the subject of consideration, he shall at the meeting and as soon as practicable after its commencement disclose the fact and shall not take part in the consideration or discussion of the contract or other matter or vote on any question with respect to it.

(2) If any person fails to comply with the provisions of subsection (1) above he shall for each offence be liable on summary conviction to a fine not exceeding 200 unless he proves that he did not know that the contract, proposed contract or other matter in which he had a pecuniary interest was the subject of consideration at that meeting.

(3) A prosecution for an offence under this section shall not be instituted except by or on behalf of the Director of Public Prosecutions.

(4) A local authority may by standing orders provide for the exclusion of a member of the authority from a meeting of the authority while any contract, proposed contract or other matter in which he has a pecuniary interest, direct or indirect, is under consideration.

(5) The following, that is to say—

(a) the receipt by the chairman, vice-chairman or deputy chairman of a principal council of an allowance to meet the expenses of his office or his right to receive, or the possibility of his receiving, such an allowance;

(b) the receipt by a member of a local authority of an allowance or other payment under any provision of sections 173 to 176 below or his right to receive, or the possibility of his receiving, any such payment;

shall not be treated as a pecuniary interest for the purposes of this section.

95.—(1) For the purposes of section 94 above a person shall be treated, subject to the following provisions of this section and to section 97 below, as having indirectly a pecuniary interest in a contract, proposed contract or other matter, if—

(a) he or any nominee of his is a member of a company or other body with which the contract was made or is proposed to be made or which has a direct pecuniary interest in the other matter under consideration; or

(b) he is a partner, or is in the employment, of a person with whom the contract was made or is proposed to be made or who has a direct pecuniary interest in the other matter under consideration.

(2) Subsection (1) above does not apply to membership of or employment under any public body, and a member of a company or other body shall not by reason only of his membership be treated as having an interest in any contract, proposed contract or other matter if he has no beneficial interest in any securities of that company or other body.

(3) In the case of married persons living together the interest of one spouse shall, if known to the other, be deemed for the purpose of section 94 above to be also an interest of the other.

96.—(1) A general notice given in writing to the proper officer of the authority by a member thereof to the effect that he or his spouse is a member or in the employment of a specified company or other body, or that he or his spouse is a partner or in the employment of a specified person, or that he or his spouse is the tenant of any premises owned by the authority, shall, unless and until the notice is withdrawn, be deemed to be a sufficient disclosure of his interest in any contract, proposed contract or other matter relating to that company or other body or to that person or to those premises which may be the subject of consideration after the date of the notice.

(2) The proper officer of the authority shall record in a book to be kept for the purpose particulars of any disclosure made under section 94 above and of any notice given under this section, and the book shall be open at all reasonable hours to the inspection of any member of the local authority.

97.—(1) The district council, as respects a member of a parish or community council, and the Secretary of State, as respects a member of any other local authority, may, subject to such conditions as the district council or the Secretary of State may think fit to impose, remove any disability imposed by section 94 above in any case in which the number of members of the local authority disabled by that section at any one time would be so great a proportion of the whole as to impede the transaction of business, or in any other case in which it appears to the district council or the Secretary of State in the interests of the inhabitants of the area that the disability should be removed.

(2) The power of a district council and of the Secretary of State under subsection (1) above includes power to remove, either indefinitely or for any period, any such disability which would otherwise attach to any member (or, in the case of the power of the Secretary of State, any member or any class or description of member) by reason of such interests, and in respect of such matters, as may be specified by the council or the Secretary of State.

(3) Nothing in section 94 above precludes any person from taking part in the consideration or discussion of, or voting on, any question whether an application should be made to a district council or the Secretary of State for the exercise of the powers conferred by subsections (1) and (2) above.

(4) Section 94 above does not apply to an interest in a contract, proposed contract or other matter which a member of a local authority has as a ratepayer or inhabitant of the area or as an ordinary consumer of water, or to an interest in any matter relating to the terms on which the right to participate in any service, including the supply of goods, is offered to the public.

(5) For the purposes of section 94 above a member shall not be treated as having a pecuniary interest in any contract, proposed contract or other matter by reason only of an interest of his or of any company, body or person with which he is connected as mentioned in section 95(1) above which is so remote or insignificant that it cannot reasonably be regarded as likely to influence a member in the consideration or discussion of, or in voting on, any question with respect to that contract or matter.

(6) Where a member of a local authority has an indirect pecuniary interest in a contract, proposed contract or other matter by reason only of a beneficial interest in securities of a company or other body, and the total nominal value of those securities does not exceed 1,000 or one-hundredth of the total nominal value of the issued share capital of the company or body, whichever is the less, and if the share capital is of more than one class, the total nominal value of shares of any one class in which he has a beneficial interest does not exceed one-hundredth of the total issued share capital of that class, section 94 above shall not prohibit him from taking part in the consideration or discussion of the contract or other matter or from voting on any question with respect to it, without prejudice, however, to his duty to disclose his interest.

Interpretation of sections 95 and 97.

98.—(1) In sections 95 and 97 above ‘securities’ and ‘shares’ have the same meanings respectively as in the Prevention of Fraud (Investments) Act 1958.

(2) In section 95 above ‘public body’ includes any body established for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, the governing body of any university, university college or college, school or hall of a university and the National Trust for Places of Historic Interest or Natural Beauty incorporated by the National Trust Act 1907.

Meetings and proceedings

99.— The provisions of Schedule 12 to this Act shall have effect with respect to the meetings and proceedings of local authorities and their committees, parish meetings and their committees and community meetings.

100.—(1) For the purpose of securing the admission, so far as practicable, of the public (including the press) to all meetings of committees of local authorities as well as to meetings of local authorities themselves, the Public Bodies (Admission to Meetings) Act 1960 (in this section referred to as ‘the 1960 Act’) shall have effect subject to the following provisions of this section.

(2) Without prejudice to section 2(1) of the 1960 Act (application of section 1 of that Act to any committee of a body whose membership consists of or includes all members of that body) section 1 of the 1960 Act shall apply to any committee constituted under an enactment specified in paragraphs (c) to (h) of section 101(9) below and to any committee appointed by one or more local authorities under section 102 below, not being a committee falling within section 2(1) of the 1960 Act.

(3) Where section 1 of the 1960 Act applies to a committee by virtue of subsection (2) above, then, for the purposes of subsection (4)(c) of that section, premises belonging to the local authority or one or more of the local authorities which appointed the committee shall be treated as belonging to the committee.

Part VI: Discharge of Functions

101.—(1) Subject to any express provision contained in this Act or any Act passed after this Act, a local authority may arrange for the discharge of any of their functions—

(a) by a committee, a sub-committee or an officer of the authority; or

(b) by any other local authority.

(2) Where by virtue of this section any functions of a local authority may be discharged by a committee of theirs, then, unless the local authority otherwise direct, the committee may arrange for the discharge of any of those functions by a sub-committee or an officer of the authority and where by virtue of this section any functions of a local authority may be discharged by a sub-committee of the authority, then, unless the local authority or the committee otherwise direct, the sub-committee may arrange for the discharge of any of those functions by an officer of the authority.

(3) Where arrangements are in force under this section for the discharge of any functions of a local authority by another local authority, then, subject to the terms of the arrangements, that other authority may arrange for the discharge of those functions by a committee, sub-committee or officer of theirs and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of that other authority.

(4) Any arrangements made by a local authority or committee under this section for the discharge of any functions by a committee sub-committee, officer or local authority shall not prevent the authority or committee by whom the arrangements are made from exercising those functions.

(5) Two or more local authorities may discharge any of their functions jointly and, where arrangements are in force for them to do so,—

(a) they may also arrange for the discharge of those functions by a joint committee of theirs or by an officer of one of them and subsection (2) above shall apply in relation to those functions as it applies in relation to the functions of the individual authorities; and

(b) any enactment relating to those functions or the authorities by whom or the areas in respect of which they are to be discharged shall have effect subject to all necessary modifications in its application in relation to those functions and the authorities by whom and the areas in respect of which (whether in pursuance of the arrangements or otherwise) they are to be discharged.

(6) A local authority's functions with respect to levying, or issuing a precept for, a rate or borrowing money shall be discharged only by the authority.

(7) A local authority shall not make arrangements under this section for the discharge of any of their functions under the Diseases of Animals Act 1950 by any other local authority.

(8) Any enactment, except one mentioned in subsection (9) below, which contains any provision—

(a) which empowers or requires local authorities or any class of local authorities to establish committees (including joint committees) for any purpose or enables a Minister to make an instrument establishing committees of local authorities for any purpose or empowering or requiring a local authority or any class of local authorities to establish committees for any purpose; or

(b) which empowers or requires local authorities or any class of local authorities to arrange or to join with other authorities in arranging for the exercise by committees so established or by officers of theirs of any of their functions, or provides that any specified functions of theirs shall be discharged by such committees or officers, or enables any Minister to make an instrument conferring such a power, imposing such a requirement or containing such a provision;

shall, to the extent that it makes any such provision, cease to have effect.

(9) The following enactments, that is to say—

(a) paragraphs 1 and 3 to 11 of Part II of Schedule 1 to the Education Act 1944 (education committees of local education authorities);

(b) section 30(2) of the 1963 Act (special education committee of the Greater London Council);

(c) sections 2 and 3 of the Police Act 1964 (police committees);

(d) section 1 of the Sea Fisheries Regulation Act 1966;

(e) section 35(3) of the Children and Young Persons Act 1969 (children's regional planning committees);

(f) section 2 of the Local Authority Social Services Act 1970 (social services committees);

(g) section 7 of the Superannuation Act 1972 (superannuation of persons employed in local government service, etc.); and

(h) Part I of Schedule 17 to this Act;

are exempted from subsection (8) above.

(10) This section shall not authorise a local authority to arrange for the discharge by any committee, sub-committee or local authority of any functions which by any enactment mentioned in subsection (9) above are required or authorised to be discharged by a specified committee, but the foregoing provision shall not prevent a local authority who are required by or under any such enactment to establish, or delegate functions to, a committee established by or under any such enactment from arranging under this section for the discharge of their functions by an officer of the local authority or committee, as the case may be.

(11) It is hereby declared that this section authorises the Greater London Council to arrange for the discharge of any of their functions by the Inner London Education Authority or any education committee established by that Authority under Part II of Schedule 1 to the Education Act 1944.

(12) References in this section and section 102 below to the discharge of any of the functions of a local authority include references to the doing of anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of those functions.

(13) In this Part of this Act ‘local authority’ includes the Common Council, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, a joint board on which a local authority within the meaning of this Act or any of the foregoing authorities are represented and, without prejudice to the foregoing, any port health authority.

(14) Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970 .

102.—(1) For the purpose of discharging any functions in pursuance of arrangements made under section 101 above—

(a) a local authority may appoint a committee of the authority; or

(b) two or more local authorities may appoint a joint committee of those authorities; or

(c) any such committee may appoint one or more sub-committees.

(2) Subject to the provisions of this section, the number of members of a committee appointed under subsection (1) above, their term of office, and the area (if restricted) within which the committee are to exercise their authority shall be fixed by the appointing authority or authorities or, in the case of a sub-committee, by the appointing committee.

(3) A committee appointed under subsection (1) above, other than a committee for regulating and controlling the finance of the local authority or of their area, may, subject to section 104 below, include persons who are not members of the appointing authority or authorities or, in the case of a sub-committee, the authority or authorities of whom they are a sub-committee, but at least two-thirds of the members appointed to any such committee (other than a sub-committee) shall be members of that authority or those authorities, as the case may be.

(4) A local authority may appoint a committee, and two or more local authorities may join in appointing a committee, to advise the appointing authority or authorities on any matter relating to the discharge of their functions, and any such committee—

(a) may consist of such persons (whether members of the appointing authority or authorities or not) appointed for such term as may be determined by the appointing authority or authorities; and

(b) may appoint one or more sub-committees to advise the committee with respect to any such matter.

(5) Every member of a committee appointed under this section who at the time of his appointment was a member of the appointing authority or one of the appointing authorities shall upon ceasing to be a member of that authority also cease to be a member of the committee; but for the purposes of this section a member of a local authority shall not be deemed to have ceased to be a member of the authority by reason of retirement if he has been re-elected a member thereof not later than the day of his retirement.

103.— The expenses incurred by a joint committee of two or more local authorities whether appointed or established under this Part of this Act or any other enactment shall be defrayed by those authorities in such proportions as they may agree or in case of disagreement as may be determined—

(a) in any case in which those authorities are the councils of parishes or communities or groups of parishes or communities situated in the same district, by the district council; and

(b) in any other case, by a single arbitrator agreed on by the appointing authorities or, in default of agreement, appointed by the Secretary of State.

104.—(1) Subject to subsection (2) below, a person who is disqualified under Part V of this Act for being elected or being a member of a local authority shall be disqualified for being a member of a committee (including a sub-committee) of that authority, or being a representative of that authority on a joint committee (including a sub-committee) of the authority and another local authority, whether the committee or joint committee are appointed under this Part of this Act or under any other enactment.

(2) A person shall not by reason of his being a teacher in, or being otherwise employed in, any school, college or other educational institution maintained or assisted by a local education authority be disqualified for being a member of any committee of any local authority—

(a) appointed for the purposes of the enactments relating to education; or

(b) appointed for purposes connected with the execution of the Public Libraries and Museums Act 1964;

or for being a representative of a local authority on a joint committee of the authority and another authority which has been appointed or established for any such purpose.

(3) Section 92 above shall, so far as applicable, apply with respect to membership of or a claim to be entitled to act as a member of a committee of a local authority or a joint committee of two or more local authorities as it applies to membership of or claims to be entitled to act as a member of a local authority.

(4) In the application of this section to the Common Council for the reference to Part V of this Act there shall be substituted a reference to the enactments for the time being in force relating to disqualification for membership of the Common Council.

105.— Sections 94 to 98 above shall apply as respects members of a committee of a local authority or of a joint committee of two or more local authorities (including in either case a sub-committee), whether the committee or joint committee are appointed or established under this Part of this Act or under any other enactment, as they apply in respect of members of local authorities, subject to the following modifications—

(a) references to meetings of any such committee shall be substituted for references to meetings of the local authority; and

(b) in the case of members of a committee of a local authority or any sub-committee the right of persons who are members of the committee or sub-committee but not members of the local authority to inspect the book kept under section 96(2) above shall be limited to an inspection of the entries in the book relating to the members of the committee or sub-committee.

106.— Standing orders may be made as respects any committee of a local authority by that authority or as respects a joint committee of two or more local authorities, whether appointed or established under this Part of this Act or any other enactment, by those authorities with respect to the quorum, proceedings and place of meeting of the committee or joint committee (including any sub-committee) but, subject to any such standing orders, the quorum, proceedings and place of meeting shall be such as the committee, joint committee or sub-committee may determine.

107.—(1) Subject to the following provisions of this section—

(a) sections 101 to 103 and 106 above shall apply to a police authority other than the Secretary of State as they apply to a local authority;

(b) sections 104 and 105 above shall apply both to a police authority and a committee of any such authority or authorities as they apply to a committee of a local authority or authorities;

and in their application to the Common Council as police authority those sections shall have effect subject to those provisions.

(2) A police authority may not arrange for the discharge of their functions by another police authority, and section 101(1)(b) and (3) above shall not apply to a police authority.

(3) The officers who may discharge the functions of a police authority in pursuance of arrangements under section 101(1), (2) or (5) above shall include the chief officer of police, his deputy while performing his duties and any civilian officer employed for the purposes of the police authority or one of the police authorities.

(4) A police authority may not arrange under section 101 above for the discharge of their functions by a committee or officer as respects part only of their area.

(5) Section 101(10) above shall not apply to a police authority.

(6) Any committee appointed under section 102 above for discharging the functions of one or more police authorities (including any sub-committee) shall consist only of members of the appointing authority or authorities and section 102(3) above shall not apply to committees of police authorities.

(7) Section 103 above, in its application to a joint committee of police authorities, shall have effect as if for paragraphs (a) and (b) there were substituted the words ‘by the Secretary of State’.

(8) A person shall not be disqualified by virtue of section 104 above for being a member of a police authority or the committee (or any sub-committee) of any such authority or authorities by virtue of his holding any office or employment, except employment for the purposes of the police authority or one of the police authorities.

(9) Section 106 above shall not authorise any county council to make standing orders with respect to the quorum, proceedings or place of meeting of a police authority.

(10) For the purposes of this section the following persons shall be treated as employed for the purposes of a police authority, that is to say—

(a) any person employed under section 10 of the Police Act 1964 for police purposes of the police authority's area; and also

(b) in the case of a combined police authority, any person whose services are made available for the use of that authority in pursuance of section 4(5) of that Act.

108.— In a parish not having a separate parish council the parish meeting may, subject to any provisions made by a grouping order and subject to such conditions as the meeting may impose, arrange for the discharge of any of their functions by a committee of local government electors for the parish, but any such arrangement shall not prevent the meeting from exercising those functions.

109.—(1) On the application of the parish meeting of a parish not having a separate parish council, the district council may, subject to the provisions of the grouping order if the parish is grouped with any other parish, by order confer on the parish meeting any functions of a parish council.

(2) Two copies of every order made under this section shall be sent by the district council to the Secretary of State.

110.—(1) Where it appears to a district council that the county council should be required to make arrangements for the discharge by the former of any of the latter's functions as respects a period beginning with 1st April 1974, but the latter are unwilling to enter into the arrangements or the two councils are unable to agree on the terms of the arrangements, the district council may apply to the appropriate Minister for a direction under subsection (3) below.

(2) Where it appears to a county council that a district council should be required to make arrangements for the discharge by the former of any of the latter's functions as respects a period beginning with 1st April 1974, but the latter are unwilling to enter into the arrangements or the two councils are unable to agree on the terms of the arrangements, the county council may apply to the appropriate Minister for a direction under subsection (3) below.

(3) On an application under subsection (1) or (2) above the appropriate Minister—

(a) may, if he considers it desirable for the efficient discharge of the relevant functions, or of other functions of either or both of the councils concerned, direct the county council and the district council concerned to enter into any arrangements for the discharge by one of them of specified functions of the other; and

(b) whether or not he gives a direction under paragraph (a) above, may direct that any such arrangements shall contain terms on lines laid down by him.

(4) A direction under subsection (3) above shall not be given after 31st March 1974 and shall, subject to subsection (5) below, remain in force for a period specified in the direction ending before 1st April 1979, but the expiry of any such direction shall not of itself end the arrangements to which it relates.

(5) While a direction under subsection (3) above is in force, the parties to the arrangements to which it relates may by agreement vary or end the arrangements or in default of agreement either of them may apply to the appropriate Minister for a direction to vary or end the arrangements, and the appropriate Minister may, if he considers it desirable for the efficient discharge of the relevant functions, or of other functions of either or both of the councils concerned, direct the parties to vary the arrangements on lines laid down by him or to end the arrangements.

Part VII: Miscellaneous Powers of Local Authorities

Subsidiary powers

111.—(1) Without prejudice to any powers exercisable apart from this section but subject to the provisions of this Act and any other enactment passed before or after this Act, a local authority shall have power to do any thing (whether or not involving the expenditure, borrowing or lending of money or the acquisition or disposal of any property or rights) which is calculated to facilitate, or is conducive or incidental to, the discharge of any of their functions.

(2) For the purposes of this section, transacting the business of a parish or community meeting or any other parish or community business shall be treated as a function of the parish or community council.

(3) A local authority shall not by virtue of this section raise money, whether by means of rates, precepts or borrowing, or lend money except in accordance with the enactments relating to those matters respectively.

(4) In this section ‘local authority’ includes the Common Council.

Staff

112.—(1) Without prejudice to section 111 above but subject to the provisions of this Act, a local authority shall appoint such officers as they think necessary for the proper discharge by the authority of such of their or another authority's functions as fall to be discharged by them and the carrying out of any obligations incurred by them in connection with an agreement made by them in pursuance of section 113 below.

(2) An officer appointed under subsection (1) above shall hold office on such reasonable terms and conditions, including conditions as to remuneration, as the authority appointing him think fit.

(3) Subject to subsection (4) below, any enactment or instrument made under an enactment which requires or empowers all local authorities or local authorities of any description or committees of local authorities to appoint a specified officer shall, to the extent that it makes any such provision, cease to have effect.

The reference in this section to committees of local authorities does not include a reference to any committee of which some members are required to be appointed by a body or person other than a local authority.

(4) Subsection (3) above does not apply to the following officers, that is to say—

(a) district surveyors and deputy district surveyors of the Greater London Council appointed under section 75 or 80 of the London Building Acts (Amendment) Act 1939;

(b) chief education officers appointed under section 88 of the Education Act 1944;

(c) chief officers and other members of fire brigades maintained under the Fire Services Act 1947;

(d) inspectors of weights and measures appointed under section 41 of the Weights and Measures Act 1963;

(e) the chief education officer of the Inner London Education Authority appointed by virtue of section 30(4) of the 1963 Act;

(f) agricultural analysts and deputy agricultural analysts appointed under section 67(3) of the Agriculture Act 1970; and

(g) directors of social services appointed under section 6 of the Local Authority Social Services Act 1970;

and it is hereby declared that subsection (3) above does not apply to public analysts appointed under section 89 of the Food and Drugs Act 1955 or to any other person appointed by a local authority to perform a specified function.

(5) Without prejudice to the provisions of subsection (1) above, a parish or community council may appoint one or more persons from among their number to be officers of the council, without remuneration.

(6) Nothing in this section affects the operation of section 5 of the 1963 Act or the Local Authorities (Goods and Services) Act 1970.

113.—(1) Without prejudice to any powers exercisable apart from this section, a local authority may enter into an agreement with another local authority for the placing at the disposal of the latter for the purposes of their functions, on such terms as may be provided by the agreement, of the services of officers employed by the former, but shall not enter into any such agreement with respect to any officer without consulting him.

(2) For superannuation purposes service rendered by an officer of a local authority whose services are placed at the disposal of another local authority in pursuance of this section is service rendered to the authority by whom he is employed, but any such officer shall be treated for the purposes of any enactment relating to the discharge of local authorities' functions as an officer of that other local authority.

114.—(1) A local authority shall, in the case of an officer employed by them, whether under this or any other enactment, who by reason of his office or employment is likely to be entrusted with the custody or control of money, and may in the case of any other officer employed by them, take such security, for the faithful execution of his office and for his duly accounting for all money or property which may be entrusted to him, as the local authority consider sufficient.

(2) A local authority may, in the case of a person not employed by them but who is likely to be entrusted with the custody or control of money or property belonging to the local authority, take such security as they think sufficient for the person duly accounting for all such money or property.

(3) A local authority shall defray the cost of any security taken under this section, and every such security shall be produced to the auditor at the audit of the accounts of the local authority.

115.—(1) Every officer employed by a local authority, whether under this Act or any other enactment, shall at such times during the continuance of his office or within three months after ceasing to hold it, and in such manner as the local authority direct, make out and deliver to the authority, or in accordance with their directions, a true account in writing of all money and property committed to his charge, and of his receipts and payments, with vouchers and other documents and records supporting the entries therein, and a list of persons from whom or to whom money is due in connection with his office, showing the amount due from or to each.

(2) Every such officer shall pay all money due from him to the proper officer of the local authority or in accordance with their directions.

116.— A person shall, so long as he is, and for twelve months after he ceases to be, a member of a local authority, be disqualified for being appointed by that authority to any paid office, other than to the office of chairman or vice-chairman and in the case of the Greater London Council the office of deputy chairman.

117.—(1) If it comes to the knowledge of an officer employed, whether under this Act or any other enactment, by a local authority that a contract in which he has any pecuniary interest, whether direct or indirect (not being a contract to which he is himself a party), has been, or is proposed to be, entered into by the authority or any committee thereof, he shall as soon as practicable give notice in writing to the authority of the fact that he is interested therein.

For the purposes of this section an officer shall be treated as having indirectly a pecuniary interest in a contract or proposed contract if he would have been so treated by virtue of section 95 above had he been a member of the authority.

(2) An officer of a local authority shall not, under colour of his office or employment, accept any fee or reward whatsoever other than his proper remuneration.

(3) Any person who contravenes the provisions of subsection (1) or (2) above shall be liable on summary conviction to a fine not exceeding 200.

(4) References in this section to a local authority shall include references to a joint committee appointed under Part VI of this Act or any other enactment.

118.—(1) Subject to the provisions of this section, the power of a local authority to pay remuneration to their officers shall include power, where the authority are satisfied after considering medical evidence that the person to whom, apart from this section, any sum to which this section applies is payable (hereafter in this section referred to as ‘the patient’) is incapable, by reason of mental disorder within the meaning of the Mental Health Act 1959 , of managing and administering his property and affairs, to pay that sum or such part thereof as the authority think fit to the institution or person having the care of the patient to be applied for his benefit and to pay the remainder, if any, or such part thereof as the authority think fit—

(a) to or for the benefit of persons who appear to the authority to be members of the patient's family or other persons for whom the patient might be expected to provide if he were not mentally disordered; or

(b) in reimbursement, with or without interest, of money applied by any person either in payment of the patient's debts (whether legally enforceable or not) or for the maintenance or other benefit of the patient or such persons as are mentioned in the foregoing paragraph.

(2) This section applies to any sum payable by a local authority to an officer or pensioner of the authority, or to the widow or widower or a child of a deceased officer or pensioner thereof, by way of remuneration, pension, superannuation or other allowance, gratuity or annuity, or by way of repayment (with or without interest) of contributions made to any superannuation or other fund; and in this subsection the expression ‘pensioner’ includes a person entitled to any pecuniary benefit under any enactment or scheme for the establishment of a superannuation fund or a superannuation and provident fund administered by the local authority.

(3) A local authority shall not in exercise of the powers conferred by subsection (1) above apply in any year in respect of any one person more than 500, or such other sum as may be prescribed.

(4) Before exercising their powers under this section in relation to any patient a local authority shall give to the authority having jurisdiction under Part VIII of the said Act of 1959 notice in writing of their intention so to do, specifying the name and address of the patient and the amount and nature of the sums in respect of which the local authority intend to exercise those powers, and the local authority shall, at the same time, give notice in writing to the patient in a form approved by the authority having jurisdiction as aforesaid; and, except with the approval of the authority having jurisdiction as aforesaid, the local authority shall not make the first payment under this section in relation to that patient before the expiration of the period of fourteen days beginning with the date of the service of the notice.

(5) If at any time the authority having jurisdiction as aforesaid give to the local authority notice in writing that the first-mentioned authority objects to the exercise by the local authority of their said powers in relation to any patient, those powers shall, as from the date of the receipt by the local authority of the notice, cease to be exercisable by the local authority in relation to that patient unless and until the first-mentioned authority withdraws the notice.

(6) A local authority shall be discharged from all liability in respect of any payment or application of money effected by the authority in exercise of their powers under this section.

119.—(1) If, on the death of any person who is or has been an officer of a local authority, there is due to him or his legal personal representatives from a local authority a sum not exceeding 500 and not being a pension, allowance or gratuity payable by virtue of section 7 of the Superannuation Act 1972 , the authority may, without requiring the production of probate or letters of administration of the estate of the officer, pay the whole or any part of that sum to the officer's personal representatives or to the person, or to or among any one or more of any persons, appearing to the authority to be beneficially entitled to the estate of the officer, and any person to whom such a payment is made, and not the authority, shall be liable to account for the sum paid to him under this subsection.

(2) The authority may, if they think fit, pay out of the said sum the funeral expenses of the officer or so much thereof as they consider reasonable having regard to any death grant which has been or is to be paid under section 39 of the National Insurance Act 1965 .

(3) Subsection (1) above shall be included among the provisions with respect to which the Treasury may make an order under section 6(1) of the Administration of Estates (Small Payments) Act 1965 , substituting for references to 500 references to such higher amount as may be specified in the order.

(4) Where provision has been made by regulations under section 7(1)(b) of the said Act of 1972 with respect to the pensions, allowances or gratuities which in certain circumstances are to be, or may be, paid to or in respect of any persons or classes of persons, the Secretary of State may by regulations provide for the application of the foregoing provisions of this section to such of those persons or classes of persons as may be specified in the regulations.

Land transactions—principal councils

120.—(1) For the purposes of—

(a) any of their functions under this or any other enactment, or

(b) the benefit, improvement or development of their area,

a principal council may acquire by agreement any land, whether situated inside or outside their area.

(2) A principal council may acquire by agreement any land for any purpose for which they are authorised by this or any other enactment to acquire land, notwithstanding that the land is not immediately required for that purpose; and, until it is required for the purpose for which it was acquired, any land acquired under this subsection may be used for the purpose of any of the council's functions.

(3) Where under this section a council are authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word ‘land’ shall have the meaning assigned to it by this Act.

(4) Where two or more councils acting together would have power to acquire any land by agreement by virtue of this section, nothing in any enactment shall prevent one of those councils from so acquiring the land on behalf of both or all of them in accordance with arrangements made between them, including arrangements as to the subsequent occupation and use of the land.

(5) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money's worth, as purchaser or lessee.

121.—(1) Subject to subsection (2) below, for any purpose for which they are authorised by this or any other public general Act to acquire land, a principal council may be authorised by the Minister concerned with that purpose to purchase compulsorily any land, whether situated inside or outside their area.

(2) A council may not be authorised under subsection (1) above to purchase land compulsorily—

(a) for the purpose specified in section 120(1)(b) above, or

(b) for the purpose of any of their functions under the Local Authorities (Land) Act 1963 , or

(c) for any purpose in relation to which their power of acquisition is by any enactment expressly limited to acquisition by agreement.

(3) Where one or more councils propose, in exercise of the power conferred by subsection (1) above, to acquire any land for more than one purpose, the Minister or Ministers whose authorisation is required for the exercise of that power shall not be concerned to make any apportionment between those purposes nor, where there is more than one council, between those councils, and—

(a) the purposes shall be treated as a single purpose and the compulsory acquisition shall be treated as requiring the authorisation of the Minister, or the joint authorisation of the Ministers, concerned with those purposes; and

(b) where there is more than one council concerned, the councils may nominate one of them to acquire the land on behalf of them all and the council so nominated

shall accordingly be treated as the acquiring authority for the purposes of any enactment relating to the acquisition.

(4) The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply in relation to the compulsory purchase of land in pursuance of subsection (1) above as if that subsection were contained in an Act in force immediately before the commencement of that Act.

122.—(1) Subject to the following provisions of this section, a principal council may appropriate for any purpose for which the council are authorised by this or any other enactment to acquire land by agreement any land which belongs to the council and is no longer required for the purpose for which it is held immediately before the appropriation; but the appropriation of land by a council by virtue of this subsection shall be subject to the rights of other persons in, over or in respect of the land concerned.

(2) A principal council may not appropriate under subsection (1) above any land which they may be authorised to appropriate under section 121 of the Town and Country Planning Act 1971 (land forming part of a common, etc.) unless—

(a) the total of the land appropriated in any particular common, open space or fuel or field garden allotment (giving those expressions the same meanings as in the said section 121) does not in the aggregate exceed 250 square yards, and

(b) before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them,

and where, by virtue of this subsection, any public trust land is appropriated under subsection (1) above, the land shall, by virtue of the appropriation, be freed from any trust arising solely by reason of its being public trust land.

(3) Except with the consent of the Minister concerned with the function for which the land is held immediately before the date of the proposed appropriation, a council may not exercise their power of appropriation under subsection (1) above with respect to any land which was acquired not more than ten years before that date in the exercise (directly or indirectly) of compulsory powers by a local authority (including, in respect of an acquisition before 1st April 1974, any existing local authority) and which has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired.

(4) Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section, any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

(5) For the purposes of subsection (3) above, land shall be taken to have been acquired by an authority in the exercise (directly or indirectly) of compulsory powers if it was acquired by them—

(a) compulsorily, or

(b) by agreement at a time when they were authorised by or under an enactment to acquire the land compulsorily,

and it was not acquired in consequence of the service in pursuance of any enactment of a notice requiring the authority to purchase the land.

(6) In this section ‘public trust land’ means land held as public walks or pleasure grounds or in accordance with section 10 of the Open Spaces Act 1906 (public open spaces).

123.—(1) Subject to the following provisions of this section, a principal council may dispose of land held by them in any manner they wish.

(2) Except with the consent of the Secretary of State, a council shall not dispose of land under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(3) A principal council shall not under this section dispose of public trust land unless—

(a) the total of the land disposed of in any particular public walk, pleasure ground or other open space does not in the aggregate exceed 250 square yards, and

(b) before disposing of the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed disposal which may be made to them,

but where any such land is so disposed of the land shall, by virtue of the disposal, be freed from any trust arising solely by reason of its being public trust land.

(4) A principal council shall not under this section dispose of, otherwise than by way of a short tenancy, any such land as is specified in subsection (5) below, except with the consent of the Minister concerned with the function for which the land is held immediately before the disposal.

(5) Subsection (4) above applies to any land which is not public trust land but which—

(a) consists or forms part of an open space within the meaning of the Town and Country Planning Act 1971; or

(b) was acquired not more than ten years before the date of the proposed disposal in the exercise (directly or indirectly) of compulsory powers by a local authority (including, in respect of an acquisition before 1st April 1974, any existing local authority) and has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired;

and subsection (5) of section 122 above shall apply for the purposes of paragraph (b) above as it applies for the purposes of subsection (3) of that section.

(6) Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under the Charities Act 1960 .

(7) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a) of the grant of a term not exceeding seven years, or

(b) of the assignment of a term which at the date of the assignment has not more than seven years to run,

and in this section ‘public trust land’ has the meaning assigned to it by section 122(6) above.

Land transactions—parish and community councils

124.—(1) For the purposes of—

(a) any of their functions under this or any other public general Act, or

(b) the benefit, improvement or development of their area,

a parish or community council may acquire by agreement any land, whether situated inside or outside their area.

(2) Where under this section a parish or community council are authorised to acquire land by agreement, the provisions of Part I of the Compulsory Purchase Act 1965 (so far as applicable) other than section 31 shall apply, and in the said Part I as so applied the word ‘land’ shall have the meaning assigned to it by this Act.

(3) References in the foregoing provisions of this section to acquisition by agreement are references to acquisition for money or money's worth, as purchaser or lessee.

125.—(1) If a parish or community council are unable to acquire by agreement under section 124 above and on reasonable terms suitable land for any purpose for which they are authorised to acquire land other than—

(a) the purpose specified in section 124(1)(b) above, or

(b) any purpose in relation to which the power of acquisition is by any enactment expressly limited to acquisition by agreement,

they may represent the case to the council of the district in which the parish or community is situated, and if on any such representation the district council are satisfied that suitable land for that purpose cannot be acquired on reasonable terms by agreement and that the circumstances are such as to justify the district council in proceeding under this section, the district council shall cause a local inquiry to be held in the parish or community by such one or more members, or such officer, of the district council as the council may appoint for the purpose.

(2) The district council shall publish in the parish or community in the prescribed manner a notice of the proposed inquiry, and shall serve on the owners, lessees and occupiers (except tenants for a month or any period less than a month) of the land proposed to be acquired notice of the proposed inquiry in the prescribed form.

(3) After the inquiry has been completed and all objections made by persons interested have been considered the district council may be authorised by the Secretary of State to purchase compulsorily the land or any part thereof.

(4) The Acquisition of Land (Authorisation Procedure) Act 1946 shall apply in relation to the compulsory purchase of land in pursuance of subsection (3) above as if that subsection were contained in an Act in force immediately before the commencement of that Act, but subject to the following modifications relating to the compulsory purchase order authorising the purchase:—

(a) if no objection is duly made by any of the owners, lessees and occupiers of the land in question (except tenants for a month or any period less than a month), or if all objections so made are withdrawn, the Secretary of State shall confirm the order with or without modification if he is satisfied that the proper notices have been published and served;

(b) the order shall be carried into effect by the district council, but the land, when acquired, shall be conveyed to the parish or community council, and accordingly in construing, for the purposes of this section and of the order, any enactment applying in relation to the compulsory acquisition, the parish or community council in whom the land is to be vested, or the district council by whom the land is to be acquired, or the two councils jointly, shall, as the case may require, be treated as the authority authorised by the order under the said Act of 1946 to purchase the land; and

(c) it shall not be necessary for the district council to publish any notice stating that the order has been made and the purpose for which the land is required.

(5) The district council in making and the Secretary of State in confirming an order for the purposes of this section shall have regard to the extent of land held in the neighbourhood by any owner and to the convenience of other property belonging to the same owner and shall, so far as practicable, avoid taking an undue or inconvenient quantity of land from any one owner.

(6) The person holding an inquiry under this section on behalf of a district council shall have the same powers as a person appointed by the Secretary of State under this Act to hold an inquiry.

(7) If a district council refuse to make an order for the purposes of this section the parish or community council may petition the Secretary of State, and, after holding a local inquiry, the Secretary of State may, if he thinks proper, make the order, and this section and the provisions of the Acquisition of Land (Authorisation Procedure) Act 1946 shall apply as if the order had been made by the district council and confirmed by the Secretary of State.

(8) In the application of this section to a parish or community council for a group of parishes or communities—

(a) references to the parish or community shall be construed as references to the area of the group, and

(b) if different parts of the area of the group lie in different districts, references to the council of the district in which the parish or community is situated shall be construed as references to the councils of each of those districts acting jointly.

126.—(1) Any land belonging to a parish or community council which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the council for any other purpose for which the council are authorised by this or any other public general Act to acquire land by agreement.

(2) In the case of a parish which does not have a separate parish council, any land belonging to the parish meeting which is not required for the purposes for which it was acquired or has since been appropriated may, subject to the following provisions of this section, be appropriated by the parish meeting for any other purpose approved by the Secretary of State.

(3) The appropriation of land by virtue of this section by a parish or community council or by a parish meeting shall be subject to the rights of other persons in, over or in respect of the land concerned.

(4) Neither a parish or community council nor a parish meeting may appropriate by virtue of this section any land which they may be authorised to appropriate under section 121 of the Town and Country Planning Act 1971 (land forming part of a common, etc.) unless—

(a) the total of the land appropriated in any particular common, open space or fuel or field garden allotment (giving those expressions the same meanings as in the said section 121) does not in the aggregate exceed 250 square yards, and

(b) before appropriating the land they cause notice of their intention to do so, specifying the land in question, to be advertised in two consecutive weeks in a newspaper circulating in the area in which the land is situated, and consider any objections to the proposed appropriation which may be made to them,

and where, by virtue of this subsection, any public trust land is appropriated under this section, the land shall, by virtue of the appropriation, be freed from any trust arising solely by reason of its being public trust land.

(5) Except with the consent of the Secretary of State, a parish or community council may not exercise their power of appropriation under subsection (1) above with respect to any land which was acquired not more than ten years before the date of the proposed appropriation in the exercise (directly or indirectly) of compulsory powers by a local authority (including, in respect of an acquisition before 1st April 1974, any existing local authority) and which has not subsequently been appropriated by that or any other local authority for any purpose other than that for which it was acquired; and subsection (5) of section 122 above shall apply for the purposes of this subsection as it applies for the purposes of subsection (3) of that section.

(6) Where land has been acquired under this Act or any other enactment or any statutory order incorporating the Lands Clauses Acts and is subsequently appropriated under this section any work executed on the land after the appropriation has been effected shall be treated for the purposes of section 68 of the Lands Clauses Consolidation Act 1845 and section 10 of the Compulsory Purchase Act 1965 as having been authorised by the enactment or statutory order under which the land was acquired.

(7) In this section ‘public trust land’ has the meaning assigned to it by section 122(6) above.

127.—(1) Subject to the following provisions of this section, a parish or community council, or the parish trustees of a parish acting with the consent of the parish meeting, may dispose of land held by them in any manner they wish.

(2) Except with the consent of the Secretary of State, land shall not be disposed of under this section, otherwise than by way of a short tenancy, for a consideration less than the best that can reasonably be obtained.

(3) Subsections (3) to (5) of section 123 above shall apply in relation to the disposal of land under this section as they apply in relation to the disposal of land under that section, with the substitution—

(a) of references to a parish or community council or the parish trustees of a parish for references to a principal council, and

(b) of a reference to the consent of the Secretary of State for the reference in subsection (4) to the consent of a Minister.

(4) Capital money received in respect of a disposal under this section of land held for charitable purposes shall be applied in accordance with any directions given under the Charities Act 1960 .

(5) For the purposes of this section a disposal of land is a disposal by way of a short tenancy if it consists—

(a) of the grant of a term not exceeding seven years, or

(b) of the assignment of a term which at the date of the assignment has not more than seven years to run.

Land transactions—general provisions

128.—(1) In any case where under the foregoing provisions of this Part of this Act the consent of any Minister is required to a dealing in land by a local authority, that consent may be given—

(a) in relation to any particular transaction or transactions or in relation to a particular class of transactions; and

(b) in relation to local authorities generally, or local authorities of a particular class, or any particular local authority or authorities; and

(c) either unconditionally or subject to such conditions as the Minister concerned may specify (either generally, or in relation to any particular transaction or transactions or class of transactions).

(2) Where under the foregoing provisions of this Part of this Act or under any other enactment, whether passed before, at the same time as, or after, this Act, a local authority purport to acquire, appropriate or dispose of land, then—

(a) in favour of any person claiming under the authority, the acquisition, appropriation or disposal so purporting to be made shall not be invalid by reason that any consent of a Minister which is required thereto has not been given or that any requirement as to advertisement or consideration of objections has not been complied with, and

(b) a person dealing with the authority or a person claiming under the authority shall not be concerned to see or enquire whether any such consent has been given or whether any such requirement has been complied with.

(3) Notwithstanding that principal councils are authorities to whom Part II of the Town and Country Planning Act 1959 applies, sections 22, 23 and 26 of that Act (provisions relating to consents required for the exercise of powers of acquisition, appropriation and disposal of land) shall not apply in relation to the exercise by principal councils of powers conferred by this Part of this Act, and in section 29 of that Act (protection of purchasers) references to an authority to whom the said Part II applies shall be construed as though that expression did not include a principal council.

(4) In this section ‘local authority’ includes a parish meeting and the parish trustees of a parish.

129.—(1) With the consent of the Secretary of State, any purchase money or compensation payable in pursuance of the foregoing provisions of this Part of this Act by a local authority in respect of any land acquired from another local authority, being money or compensation which would, apart from this section, be required to be paid into court in accordance with the Compulsory Purchase Act 1965 , may, instead of being so paid, be paid and applied as the Secretary of State may determine.

(2) A decision of the Secretary of State under this section shall be final.

130.— The Chancellor and Council of the Duchy of Lancaster may sell to a local authority any land belonging to Her Majesty in right of that Duchy which the local authority think fit to purchase, and the land may be granted to the local authority and the proceeds of sale shall be paid and dealt with as if the land had been sold under the authority of the Duchy of Lancaster Lands Act 1855 .

131.—(1) Nothing in the foregoing provisions of this Part of this Act or in Part VIII below—

(a) shall authorise the disposal of any land by a local authority in breach of any trust, covenant or agreement which is binding upon them, excluding any trust arising solely by reason of the land being held as public walks or pleasure grounds or in accordance with section 10 of the Open Spaces Act 1906; or

(b) shall affect, or empower a local authority to act otherwise than in accordance with, any provision contained in, or in any instrument made under, any of the enactments specified in subsection (2) below and relating to any dealing in land by a local authority or the application of capital money arising from any such dealing.

(2) The enactments referred to in subsection (1)(b) above are—

(a) the Technical and Industrial Institutions Act 1892;

(b) the Military Lands Acts 1892 to 1903;

(c) the Light Railways Acts 1896 and 1912;

(d) the Allotments Acts 1908 to 1950;

(e) the Small Holdings and Allotments Acts 1908 to 1931;

(f) the Ancient Monuments Acts 1913 to 1953;

(g) section 28 of the Land Settlement (Facilities) Act 1919;

(h) the Civil Aviation Act 1949;

(i) the Housing Acts 1957 to 1971;

(j ) Part III of the Agriculture Act 1970; and

(k) any local Act (including an Act confirming a provisional order).

(3) Nothing in the foregoing provisions of this Part of this Act shall affect the operation of section 29 of the Charities Act 1960 (restrictions on dealing with charity property) and, in particular, none of those provisions shall be treated as giving any such authority for a transaction as is referred to in subsection (3)(a) of that section (certain statutorily authorised transactions not to require the sanction of the Charity Commissioners).

(4) In this section ‘local authority’ includes a parish meeting and the parish trustees of a parish.

Premises and contracts

132.— A principal council may acquire or provide and furnish halls, offices and other buildings, whether within or without the area of the authority, for use for public meetings and assemblies.

133.— A parish or community council may acquire or provide and furnish buildings to be used for public meetings and assemblies or contribute towards the expenses incurred by any other parish or community council or any other person in acquiring or providing and furnishing such a building.

134.—(1) If in a parish there is no suitable public room vested in the parish council or the parish trustees, as the case may be, which can be used free of charge, a suitable room in premises of a school maintained by the local education authority or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of—

(a) a parish meeting or any meeting of the parish council, where there is one; or

(b) meetings convened by the chairman of the parish meeting or by the parish council, where there is one; or

(c) the administration of public funds within or for the purposes of the parish where those funds are administered by any committee or officer appointed by the parish council or parish meeting or by the county council or district council.

(2) If in a community there is no suitable public room vested in the community council which can be used free of charge or there is no community council, a suitable room in premises of a school maintained by the local education authority or a suitable room the expenditure of maintaining which is payable out of any rate may, subject to subsection (3) below, be used free of charge at all reasonable times and after reasonable notice for any of the following purposes, that is to say, for the purpose of—

(a) a community meeting or any meeting of the community council, where there is one; or

(b) meetings convened by the community council, where there is one; or

(c) the administration of public funds within or for the purposes of the community where those funds are administered by any committee or officer appointed by the community council, where there is one, or by the county council or district council.

(3) Nothing in this section shall authorise—

(a) the use of a room used as pan of a private dwelling; or

(b) any interference with the hours during which a room in the premises of a school is used for educational purposes; or

(c) any interference with the hours during which a room used for the purposes of the administration of justice, or for the purposes of the police, is used for those purposes.

(4) If, by reason of the use of a room for any of the purposes mentioned in subsection (1) or (2) above, any expense is incurred by persons having control of the room, or any damage is done to the room or the building of which it is part or to its appurtenances, or to the furniture of the room or any teaching aids, the expense or the cost of making good the damage shall be defrayed as an expense of the parish or community council or parish or community meeting.

(5) If any question arises under this section as to what is reasonable or suitable, it may be determined by the Secretary of State.

135.—(1) A local authority may make standing orders with respect to the making of contracts by them or on their behalf.

(2) A local authority shall make standing orders with respect to the making by them or on their behalf of contracts for the supply of goods or materials or for the execution of works.

(3) Standing orders made by a local authority with respect to contracts for the supply of goods or materials or for the execution of works shall include provision for securing competition for such contracts and for regulating the manner in which tenders are invited, but may exempt from any such provision contracts for a price below that specified in standing orders and may authorise the authority to exempt any contract from any such provision when the authority are satisfied that the exemption is justified by special circumstances.

(4) A person entering into a contract with a local authority shall not be bound to inquire whether the standing orders of the authority which apply to the contract have been complied with, and non-compliance with such orders shall not invalidate any contract entered into by or on behalf of the authority.

Miscellaneous

136.— Two or more local authorities may make arrangements for defraying any expenditure incurred by one of them in exercising any functions exercisable by both or all of them.

137.—(1) A local authority may, subject to the provisions of this section, incur expenditure which in their opinion is in the interests of their area or any part of it or all or some of its inhabitants, but a local authority shall not, by virtue of this subsection, incur any expenditure for a purpose for which they are, either unconditionally or subject to any limitation or to the satisfaction of any condition, authorised or required to make any payment by or by virtue of any other enactment.

(2) It is hereby declared that the power of a local authority to incur expenditure under subsection (1) above includes power to do so by contributing towards the defraying of expenditure by another local authority in or in connection with the exercise of that other authority's functions.

(3) A local authority may, subject as aforesaid, incur expenditure on contributions to any of the following funds, that is to say—

(a) the funds of any charitable body in furtherance of its work in the United Kingdom; or

(b) the funds of any body which provides any public service in the United Kingdom otherwise than for the purposes of gain; or

(c) any fund which is raised in connection with a particular event directly affecting persons resident in the United Kingdom on behalf of whom a public appeal for contributions has been made by the Lord Mayor of London or the chairman of a principal council or by a committee of which the Lord Mayor of London or the chairman of a principal council is a member.

(4) The expenditure of a local authority under this section in any financial year shall not exceed the product of a rate of 2p in the pound for their area for that year or if some other amount, whether higher or lower, is fixed by an order made by the Secretary of State shall not exceed the product of a rate of that amount in the pound for their area for that year.

(5) A statutory instrument containing an order under subsection (4) above may apply to all local authorities or may make different provision in relation to local authorities of different descriptions.

(6) Any such instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(7) The accounts of a local authority by whom expenditure is incurred under this section shall include a separate account of that expenditure, and section 228(4), (6) and (7) below shall have effect as if any reference to the abstract of the accounts of the local authority included a reference to any such separate account as aforesaid.

(8) The product of a rate of 2p or any other amount in the pound for any area shall be computed for the purposes of this section by reference to the product of a rate of 1p in the pound for that area as determined for those purposes in accordance with rules made under section 113(1)(c) of the General Rate Act 1967 .

(9) In this section ‘local authority’ includes the Common Council.

138.—(1) Where an emergency or disaster involving destruction of or danger to life or property occurs or is imminent or there is reasonable ground for apprehending such an emergency or disaster, and a principal council are of opinion that it is likely to affect the whole or part of their area or all or some of its inhabitants, the council may—

(a) incur such expenditure as they consider necessary in taking action themselves (either alone or jointly with any other person or body and either in their area or elsewhere in or outside the United Kingdom) which is calculated to avert, alleviate or eradicate in their area or among its inhabitants the effects or potential effects of the event; and

(b) make grants or loans to other persons or bodies on conditions determined by the council in respect of any such action taken by those persons or bodies.

(2) Where a principal council take any such action as aforesaid which will involve their incurring expenditure or make any such grant or loan, they shall as soon as practicable notify the Secretary of State of the action they have taken or of any grant or loan they have made, and the Secretary of State may direct them to cease taking that action or to take it only to such extent as he may specify in the direction or not to make any further grant or loan or to make one not exceeding such amount as he may specify.

(3) Subsection (1) above does not authorise a local authority to execute—

(a) any drainage or other works in any part of a main river, within the meaning of the Land Drainage Act 1930 , or of any other watercourse which is treated for the purposes of any of the provisions of that Act as part of a main river, or

(b) any works which local authorities have power to execute under section 34 of the Land Drainage Act 1961 (measures against flooding),

but subject to those limitations, the power conferred by that subsection is in addition to, and not in derogation of, any power conferred on a local authority by or under any other enactment, including any enactment contained in this Act.

(4) In this section ‘principal council’ includes the Common Council and, until 1st April 1974, the council of an existing county, county borough or county district.

139.—(1) Subject to the provisions of this section a local authority may accept, hold and administer—

(a) for the purpose of discharging any of their functions, gifts of property, whether real or personal, made for that purpose; or

(b) for the benefit of the inhabitants of their area or of some part of it, gifts made for that purpose;

and may execute any work (including works of maintenance or improvement) incidental to or consequential on the exercise of the powers conferred by this section.

(2) Where any such work is executed in connection with a gift made for the benefit of the inhabitants of the area of a local authority or of some part of that area, the cost of executing the work shall be added to any expenditure under section 137 above in computing the limit imposed on that expenditure by subsection (4) of that section.

(3) This section shall not authorise the acceptance by a local authority of property which, when accepted, would be held in trust for an ecclesiastical charity or for a charity for the relief of poverty.

(4) Nothing in this section shall affect any powers exercisable by a local authority under or by virtue of the Education Acts 1944 to 1971.

140.—(1) A local authority may enter into a contract with any person whereby, in consideration of payments by the authority by way of premium or otherwise, that person undertakes to pay to the authority such sums as may be provided in the contract in the event of any member of the authority meeting with a personal accident, whether fatal or not, while he is engaged on the business of the authority.

(2) Any sum received by the authority under any such contract shall, after deduction of any expenses incurred in the recovery thereof, be paid by them to, or to the personal representatives of, the member of the authority in respect of an accident to whom that sum is received.

(3) The provisions of the Life Assurance Act 1774 shall not apply to any such contract, but any such contract shall be deemed for the purposes of the Insurance Companies Act 1958 to be a policy of insurance upon the happening of personal accidents.

(4) In this section, the expression ‘local authority’ includes the London Transport Executive established under section 4 of the Transport (London) Act 1969 and the expression ‘member of the authority’ includes a member of a committee or subcommittee of the authority who is not a member of that authority.

141.—(1) The council of a county may conduct, or assist in the conducting of, investigations into, and the collection of information relating to, any matters concerning the county or any part of the county and may make, or assist in the making of, arrangements whereby any such information and the results of any such investigation are made available to any other local authority in the county, any government department or the public.

(2) The appropriate Minister with respect to any matter may require the council of a county to provide him with any information with respect to that matter which is in the possession of, or available to, that council or any other local authority in the county in consequence of the exercise of any power conferred by or under any enactment; and where such requirement is made in respect of any information which is in the possession of, or available to, any other local authority in the county, but not the county council, the county council may require that other authority to furnish them with that information.

142.—(1) A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities or by government departments or by charities and other voluntary organisations, and other information as to local government matters affecting the area.

(2) A local authority may—

(a) arrange for the publication within their area of information on matters relating to local government; and

(b) arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and

(c) arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and

(d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid.

(3) In this section ‘local authority’ includes the Common Council and ‘voluntary organisation’ means a body which is not a public body but whose activities are carried on otherwise than for profit.

143.—(1) A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds—

(a) of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or

(b) of any association of officers or members of local authorities which was so formed.

(2) In this section ‘local authority’ includes the Common Council.

144.—(1) A local authority may (either alone or jointly with any other person or body)—

(a) encourage persons, by advertisement or otherwise, to visit their area for recreation, for health purposes, or to hold conferences, trade fairs and exhibitions in their area; and

(b) provide, or encourage any other person or body to provide, facilities for recreation, conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes.

(2) Without prejudice to subsection (1) above, a local authority may contribute to any organisation approved by the Secretary of State for the purposes of this subsection and established for the purpose of encouraging persons to visit the United Kingdom or any part thereof.

(3) The Greater London Council, a London borough council and the Common Council shall not have power under subsection (2) above to contribute to the giving in the United Kingdom of publicity, whether by advertising or otherwise, to the commercial or industrial advantages of any part of Greater London.

(4) The powers conferred on the Greater London Council by section 73 of the 1963 Act (publicity for amenities of Greater London) shall also be exercisable as respects their respective areas by the London borough councils and the Common Council.

(5) In this section ‘local authority’ includes the Common Council.

145.—(1) A local authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for any of the following purposes, that is to say—

(a) the provision of an entertainment of any nature or of facilities for dancing;

(b) the provision of a theatre, concert hall, dance hall or other premises suitable for the giving of entertainments or the holding of dances;

(c) the maintenance of a band or orchestra;

(d) the development and improvement of the knowledge, understanding and practice of the arts and the crafts which serve the arts;

(e) any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any entertainment given or dance or exhibition of arts or crafts held by them.

(2) Without prejudice to the generality of the provisions of subsection (1) above, a local authority—

(a) may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control;

(b) may permit any theatre, concert hall, dance hall or other premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto;

(c) may themselves make charges for admission to any entertainment given or dance or exhibition of arts or crafts held by them and for any refreshment or programmes supplied thereat.

(3) Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition.

(4) Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of intoxicating liquor.

(5) In this section, the expression ‘local authority’ includes the Common Council.

146.—(1) Where any securities are standing in the books of a company in the name of a local authority, the following provisions shall have effect—

(a) if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name;

(b) if by virtue of anything done under any provision of this Act or the 1963 Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of the county in which the area of that other authority is situated, or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority;

(c) if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the court may on application make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be, and the Trustee Act 1925 shall apply in like manner as if the vesting order were made under section 51 of that Act.

(2) In this section, the expression—

‘company’ includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed;

‘local authority’ means a local authority within the meaning of the 1933 Act, the London Government Act 1939 or this Act or a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, a burial board, a joint burial board or the parish trustees of a parish;

‘securities’ has the same meaning as in the Prevention of Fraud (Investments) Act 1958 .

(3) The jurisdiction of the court under this section may be exercised by the High Court or, in cases in which a county court would have jurisdiction if the application were an application made under the Trustee Act 1925 , by that court.

Part VIII: Finance

Part IX: Functions

Part X: Judicial and Related Matters

216.—(1) For the purposes of commissions of the peace and the law relating to justices of the peace, magistrates' courts, the custos rotulorum, lieutenants, sheriffs and matters connected with any of those matters, new counties shall, without prejudice to section 179(1) above, be substituted for counties of any other description.

(2) For the purposes of this section and sections 217, 218 and 219 below the Isles of Scilly shall be deemed to form part of the county of Cornwall.

217.—(1) There shall be a separate commission of the peace for each new county and, subject to subsection (2) below, any commission of the peace which is in existence immediately before 1st April 1974 and is a commission for an area outside Greater London shall have effect on and after that date as a commission of the peace for the new county which includes the whole or the greater part of the area for which that commission was issued.

(2) Where by virtue of subsection (1) above there would, apart from this subsection, be more than one commission of the peace for a new county, then—

(a) until a new commission is issued for the new county, that one of those commissions which the Lord Chancellor may by order specify shall be treated as the sole commission of the peace for the new county, and

(b) the names of the justices appointed by the other or others of those commissions shall be deemed to be included among the names of the justices specified in the commission which, by virtue of paragraph (a) above, is treated as the sole commission for the new county,

and accordingly, subject to paragraph (b) above, any commission of the peace which, by virtue of subsection (1) above, would be treated as a commission for the new county, other than the commission which, by virtue of paragraph (a) above, is to be treated as the sole commission for the new county, shall cease to have effect.

(3) There shall be a separate magistrates' courts committee for each non-metropolitan county and for each metropolitan district, and outside Greater London the petty sessions areas shall be—

(a) a non-metropolitan county which is not divided into petty sessional divisions;

(b) a petty sessional division of a non-metropolitan county;

(c) a metropolitan district which is not divided into petty sessional divisions; and

(d) a petty sessional division of a metropolitan district.

(4) The areas for which stipendiary magistrates may be appointed shall be—

(a) the whole or part of a non-metropolitan county,

(b) a metropolitan district, or

(c) a joint district consisting of any two or more of the areas referred to in paragraphs (a) and (b) above.

(5) Outside Greater London the powers and duties of local authorities under Part IV of the Justices of the Peace Act 1949 shall be vested in the councils of non-metropolitan counties and metropolitan districts, but for the purposes of Schedule 5 to the Criminal Justice Act 1948 , where a combined probation and after-care area constituted under that Schedule is co-extensive with, or includes, a metropolitan county, the local authority, so far as relates to the area of the metropolitan county, shall be the county council alone.

(6) The rights of the Chancellor of the Duchy of Lancaster with respect to the appointment of justices of the peace and the supplemental list of justices of the peace shall apply throughout the whole of the counties of Greater Manchester, Merseyside and Lancashire.

(7) In consequence of the preceding provisions of this section, of the establishment of new local authorities by or under this Act, and of the provisions of the Courts Act 1971 relating to magistrates' courts committees, and in order to regulate the procedure of, and the rights of persons to attend before and make representations to, such committees and to transfer to the Lord Chancellor the responsibility for the payment of allowances to justices in respect of duties in the Crown Court, there shall have effect—

(a) the amendments of the Justices of the Peace Act 1949 specified in Part I of Schedule 27 to this Act, and

(b) the amendments of the other enactments specified in Part II of that Schedule.

218.—(1) Her Majesty shall appoint a lord-lieutenant for each county in England and Wales and for Greater London and may appoint lieutenants for each county and Greater London, and any reference in any enactment passed before or during the same session as this Act or any instrument made before the passing of this Act to a lieutenant of a county or Greater London shall be construed as a reference to the lord-lieutenant of a county or Greater London, as the case may be.

(2) The persons appointed under section 32 of the Militia Act 1882 to act for the lord-lieutenant as vice-lieutenant shall be known as vice lord-lieutenants and the references to deputy lieutenants in section 30(4) of that Act (displacement of deputy lieutenants) shall include references to vice lord-lieutenants.

(3) The persons who may be appointed under section 31 of the said Act of 1882 to act as lord-lieutenant of a county or Greater London or who may be appointed a vice lord-lieutenant of a county or Greater London under section 32 of that Act shall include a lieutenant of a county or Greater London, as the case may be, appointed under subsection (1) above.

(4) Her Majesty may by Order in Council provide that any lieutenant holding office immediately before 1st April 1974 shall continue to hold office on and after that date as a lord-lieutenant or as a lieutenant of a new county or Greater London, according as may be specified in the Order.

(5) Any deputy lieutenant holding office immediately before that date outside Greater London shall continue to hold office on and after that date as deputy lieutenant of the new county in which he resides or such other new county as may be specified in an order made by the Secretary of State.

(6) A deputy lieutenant holding office immediately before that date in Greater London shall continue to hold office on and after that date as deputy lieutenant of Greater London.

(7) Subsections (4) to (6) above shall not prejudice any power of removal or of directing removal from any office.

(8) In this section ‘Greater London’ does not include the City or the Temples.

219.—(1) Sheriffs appointed for a county or Greater London shall be known as high sheriffs, and any reference in any enactment or instrument to a sheriff shall be construed accordingly in relation to sheriffs for a county or Greater London.

(2) No persons shall be nominated in 1973 in pursuance of section 6(1) of the Sheriffs Act 1887 as persons fit to serve as high sheriff, but the lord-lieutenant of a new county or Greater London shall, as soon as may be after he has been appointed under section 218(1) above or has been specified in an Order in Council under section 218(4) above, nominate three persons as being fit to serve as high sheriff of that county or Greater London, as the case may be, and they shall be treated as having been nominated under the said section 6(1).

(3) The rights of Her Majesty in right of the Duchy of Lancaster in relation to the appointment of high sheriffs shall apply throughout the whole of the counties of Greater Manchester, Merseyside and Lancashire; and subsection (2) above shall not apply to those counties or to the county of Cornwall.

(4) The Lord Chancellor may by order prescribe the area for which each under-sheriff is to act.

(5) Where the area for which an under-sheriff acts is situated in two or more counties, the duty imposed by section 23 of the Sheriffs Act 1887 of appointing the under-sheriff for that area shall be discharged by the high sheriff of the county containing the greater part of that area, after consulting any other high sheriff concerned, and if any question arises as to which county contains the greater part of an under-sheriff's area, it shall be determined by the Lord Chancellor.

References in this subsection to a county include references both to Greater London and to the City (including the Temples).

(6) An under-sheriff shall as respects the area for which he acts be treated as the high sheriff's deputy for the purpose of all the high sheriff's functions, except his functions as returning officer at parliamentary elections.

(7) No privileges or duties of a sheriff shall be exercisable under section 34 of the Sheriffs Act 1887 or otherwise by the bailiff of a franchise.

(8) In this section ‘Greater London’ does not include the City or the Temples.

220.—(1) Except as provided by subsection (2) below, coroners shall be appointed for each county, for Greater London (other than the City and the Temples) and for the City (including the Temples) and shall be so appointed—

(a) in the case of a county, by the county council;

(b) in the case of Greater London, by the Greater London Council; and

(c) in the case of the City and the Temples, by the Common Council;

and any right to appoint or be a coroner of any other description, except a coroner mentioned in subsection (2) below, is hereby extinguished.

(2) Subsection (1) above shall not affect the right of Her Majesty to appoint the Queen's coroner and attorney or the coroner of the Queen's Household.

(3) The Coroners Acts 1887 to 1954, except section 12 of the Coroners (Amendment) Act 1926 , shall apply in relation to the City and the Temples as if together they were a county and the Common Council were the council of that county and shall so apply subject to the following modifications:—

(a) references in those Acts to county aldermen and county councillors shall be construed as references to aldermen of the City and common councillors;

(b) any expenses of the Common Council under those Acts shall be defrayed out of the general rate; and

(c) in section 1 of the Coroners Act 1892 , the reference to the chairman of the council who appointed the coroner shall be construed as a reference to the Lord Mayor.

(4) It shall be the duty of the council of each new county to take into consideration the division of the county into coroners' districts and, unless they consider it inexpedient to do so, to exercise before the end of 1973 the power conferred on them by section 12 of the Coroners (Amendment) Act 1926 of submitting a draft order providing for the division, or alteration of any division, of the county into coroners' districts; and the council of each new county shall not later than 1st April 1974 appoint a sufficient number of coroners for the county and section 2 of the said Act of 1926 shall apply to any such appointment as if a vacancy had occurred in the office of coroner for the county.

(5) The following provisions shall cease to have effect, that is to say—

(a) so much of section 5 of the Coroners Act 1844 as requires a coroner to reside in or within two miles of his district;

(b) so much of section 25 of the Coroners Act 1887 as requires a local authority to cause a copy of a schedule of fees, allowances and disbursements to be deposited with their clerk;

(c) section 39 of that Act (application to county of Lancaster); and

(d) section 8 of the Coroners (Amendment) Act 1926 (defraying of expenses incurred on the salary or pension of a coroner).

(6) For section 78(2)(b) of the 1963 Act there shall be substituted the following paragraph—

‘(b) any sum required by section 27(2) of the Coroners Act 1887 to be paid out of the local rate shall be defrayed by the Greater London Council’.

221.—(1) There are hereby abolished the inferior courts of record specified in Schedule 28 to this Act, being courts having a jurisdiction defined, or originally defined, by reference to a city, borough or similar area which, after 1st April 1974, no longer exists in that form as a unit of local government (whether it ceases to do so by virtue of this Act or has ceased to do so at some time before the passing of this Act).

(2) Her Majesty may by Order in Council make such transitional and consequential provisions as appear to Her expedient in consequence of the abolition of any court by this section.

Part XI: General Provisions as to Local Authorities

Legal proceedings

222.—(1) Where a local authority consider it expedient for the promotion or protection of the interests of the inhabitants of their area—

(a) they may prosecute or defend or appear in any legal proceedings and, in the case of civil proceedings, may institute them in their own name, and

(b) they may, in their own name, make representations in the interests of the inhabitants at any public inquiry held by or on behalf of any Minister or public body under any enactment.

(2) In this section ‘local authority’ includes the Common Council.

223.—(1) Any member or officer of a local authority who is authorised by that authority to prosecute or defend on their behalf, or to appear on their behalf in, proceedings before a magistrates' court shall be entitled to prosecute or defend or to appear in any such proceedings, and, notwithstanding anything contained in the Solicitors Acts 1957 to 1965, to conduct any such proceedings although he is not a solicitor holding a current practising certificate.

(2) In this section ‘local authority’ includes the Common Council and a river authority established under the Water Resources Act 1963.

Documents and notices, etc.

224. Without prejudice to the powers of the custos rotulorum to give directions as to the documents of any county a principal council shall make proper arrangements with respect to any documents which belong to or are in the custody of the council or any of their officers.

225.—(1) In any case in which a document of any description is deposited with the proper officer of a local authority, or with the chairman of a parish or community council or with the chairman of a parish meeting, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer or chairman, as the case may be, shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgments and receipts in respect of, the document as may be so directed.

(2) All documents required by any enactment or instrument to be deposited with the proper officer of a parish or community shall, in the case of a parish or community not having a separate parish or community council, be deposited in England with the chairman of the parish meeting or in Wales with the proper officer of the district council.

226.—(1) All specified papers of a parish or community shall—

(a) in the case of a parish which is co-extensive with an existing rural parish, remain in the same custody as before 1st April 1974; and

(b) in the case of any other parish or any community, be in the custody of the body to which the documents of that area, other than documents of a specified class, are transferred on that date;

but the parish or community council or, in the case of a parish or community not having a separate parish or community council, the parish meeting in England or the district council in Wales may direct that any such papers shall be deposited in such custody as may be specified in the direction.

(2) Nothing in this Act shall affect the custody of registers of baptisms, marriages and burials and of all other documents containing entries wholly or partly relating to the affairs of the church, as defined by the Local Government Act 1894 , or to ecclesiastical charities, as so defined, except documents directed by law to be kept with the papers of a parish or community.

(3) Any person having the custody of any documents mentioned in subsection (2) above shall have reasonable access to the papers mentioned in subsection (1) above and—

(a) in a parish or community having a separate parish or community council, that council;

(b) in any other parish, the parish meeting;

(c) in any other community, the district council; and

(d) in any area in England not falling within paragraph (a) or (b) above, the district council, London borough council or Common Council, as the case may be;

shall have reasonable access to the documents mentioned in subsection (2) above.

(4) Any difference about the custody of or access to any documents mentioned in subsection (1) or (2) above shall, if the area is in a London borough or the City, be determined by the Secretary of State and in any other case by the county council.

(5) Every county council shall from time to time enquire into the manner in which specified papers under the control of a parish or community council or parish meeting are kept with a view to their proper preservation, and shall make such orders as they think necessary for their preservation, and those orders shall be complied with by the parish or community council or parish meeting.

227.—(1) In the case of a parish or community having a separate parish or community council that council or, if they so request, the council of the district in which the parish or community is situated, shall provide proper depositories for all the specified papers belonging to the parish or community for which no provision is otherwise made.

(2) In the case of a parish or community not having a separate parish or community council, the council of the district in which the parish or community is situated shall provide proper depositories for all the specified papers under the control of the parish meeting or belonging to the community but in England only with the consent of the parish meeting of the parish.

228.—(1) The minutes of proceedings of a local authority shall be open to the inspection of any local government elector for the area of the authority and any such local government elector may make a copy of or extract from the minutes.

(2) A local government elector for the area of a local authority may inspect and make a copy of or extract from an order for the payment of money made by the local authority.

(3) The accounts of a local authority and of any proper officer of a local authority shall be open to the inspection of any member of the authority, and any such member may make a copy of or extract from the accounts.

(4) Any abstract of the accounts of a body whose accounts are required to be audited in accordance with Part VIII of this Act and of any officer of such a body and any report made by an auditor on those accounts shall be open to the inspection of any local government elector for the area of the body, and any such local government elector may make a copy thereof or an extract therefrom, and copies thereof shall be delivered to any such local government elector on payment of a reasonable sum for each copy.

(5) Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any document deposited as mentioned in section 225 above may, at all reasonable hours, inspect and make copies thereof or extracts therefrom on payment to the person having custody thereof of the sum of 10p for every such inspection, and of the further sum of 10p for every hour during which such inspection continues after the first hour.

(6) A document directed by this section to be open to inspection shall be so open at all reasonable hours and, except where otherwise expressly provided, without payment.

(7) If a person having the custody of any such document—

(a) obstructs any person entitled to inspect the document or to make a copy thereof or extract therefrom in inspecting the document or making a copy or extract,

(b) refuses to give copies or extracts to any person entitled to obtain copies or extracts,

he shall be liable on summary conviction to a fine not exceeding 20.

(8) This section shall apply to the minutes of proceedings and to the accounts of a parish meeting as if that meeting were a local authority.

229.—(1) Subject to subsections (3) and (7) below, any requirement imposed by any enactment that a local authority or parish meeting shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

(2) Subject to subsection (7) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority or parish meeting shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

(3) Subsection (1) above shall not apply to any document deposited with a local authority under the Public Records Act 1958.

(4) In legal proceedings a photographic copy of a document in the custody of a local authority or parish meeting, or of a document which has been destroyed while in the custody of a local authority or parish meeting, or of any part of any such document, shall, subject to subsection (6) below, be admissible in evidence to the like extent as the original.

(5) A certificate purporting to be signed by the proper officer of the local authority, or the chairman of the parish meeting, concerned that a document is such a photographic copy as is mentioned in subsection (4) above, shall, subject to subsection (7) below, be evidence to that effect.

(6) The court before which a photographic copy is tendered in evidence in pursuance of subsection (4) above may, if the original is in existence, require its production and thereupon that subsection shall not apply to the copy.

(7) A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

(8) In this section ‘court’ and ‘legal proceedings’ have the same meanings as in the Civil Evidence Act 1968.

230. Every local authority, every joint board and every joint committee of local authorities shall send the Secretary of State such reports and returns, and give him such information with respect to their functions, as he may require or as may be required by either House of Parliament.

231.—(1) Subject to subsection (3) below, any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be given to or served on a local authority or the chairman or an officer of a local authority shall be given or served by addressing it to the local authority and leaving it at, or sending it by post to, the principal office of the authority or any other office of the authority specified by them as one at which they will accept documents of the same description as that document.

(2) Any notice, order or other document so required or authorised to be given to or served on a parish meeting, or the chairman of the parish meeting, shall be given or served by addressing it to the chairman of the parish meeting and by delivering it to him, or by leaving it at his last known address, or by sending it by post to him at that address.

(3) The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court, but except as aforesaid the methods of giving or serving documents provided for by those provisions are in substitution for the methods provided for by any other enactment or any instrument made under an enactment so far as it relates to the giving or service of documents to or on a local authority, the chairman or an officer of a local authority or a parish meeting or the chairman of a parish meeting.

232.—(1) Save as otherwise expressly provided, a public notice required to be given by a local authority shall be given—

(a) by posting the notice in some conspicuous place or places within the area of the local authority; and

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

(2) This section shall apply to a public notice required to be given by the chairman of a parish meeting as it applies to public notices required to be given by a parish council.

233.—(1) Subject to subsection (8) below, subsections (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of a local authority or by an officer of a local authority.

(2) Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

(3) Any such document may—

(a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;

(b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

(4) For the purposes of this section and of section 26 of the Interpretation Act 1889 (service of documents by post) in its application to this section, the proper address of any person to or on whom a document is to be given or served shall be his last known address, except that—

(a) in the case of a body corporate or their secretary or clerk, it shall be the address of the registered or principal office of that body;

(b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be their principal office within the United Kingdom.

(5) If the person to be given or served with any document mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 26 of the Interpretation Act 1889 as his proper address.

(6) For the purpose of enabling any document to be given to or served on the owner or lessee of any premises, the local authority may by notice in writing require the occupier of the premises to state the name and address of the owner or lessee, and if the occupier refuses or wilfully neglects to do so, or wilfully misstates the name and address of the owner or lessee, he shall, unless in the case of a refusal he shows cause to the satisfaction of the court for his refusal, be liable on summary conviction in respect of each offence to a fine not exceeding 20.

(7) If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in subsection (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

(8) This section shall apply to a document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the chairman of a parish meeting as it applies to a document so required or authorised to be given to or served on any person by or on behalf of a local authority.

(9) The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court.

(10) Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this section, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.

234.—(1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority.

(2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

In this subsection the word ‘signature’ includes a facsimile of a signature by whatever process reproduced.

(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

Byelaws

235.—(1) The council of a district and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district or borough, as the case may be, and for the prevention and suppression of nuisances therein.

(2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

(3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

236.—(1) Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority under this Act or any other enactment, whenever passed and conferring on a local authority a power to make byelaws and for which specific provision is not otherwise made.

(2) This section shall not apply to byelaws made by statutory water undertakers under section 17 or 18 of the Water Act 1945 or by the Civil Aviation Authority under section 31 of the Civil Aviation Act 1971.

(3) The byelaws shall be made under the common seal of the authority, or, in the case of byelaws made by a parish or community council not having a seal, under the hands and seals of two members of the council, and shall not have effect until they are confirmed by the confirming authority.

(4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the area to which the byelaws are to apply.

(5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.

(6) The authority by whom the byelaws are made shall, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

(7) The confirming authority may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which the byelaw is to come into operation and if no date is so fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation.

(8) A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum, not exceeding 20p for every copy, as the authority may determine.

(9) The proper officer of a district council shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council, whether separate or common, of every parish or community to which they apply or, in the case of a parish not having a council, to the chairman of the parish meeting, and the proper officer of the parish or community council or chairman of the parish meeting, as the case may be, shall cause a copy to be deposited with the public documents of the parish or community.

A copy so deposited shall at all reasonable hours be open to public inspection without payment.

(10) The proper officer of a county council shall send a copy of every byelaw made by the council, and confirmed, to the council of every district in the county, and the proper officer of the council of a district shall send a copy of every byelaw made by the council, and confirmed, to the council of the county.

(11) In this section the expression ‘the confirming authority’ means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified means the Secretary of State.

237. Byelaws to which section 236 above applies may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of 20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of 5 for each day during which the offence continues after conviction thereof.

238. The production of a printed copy of a byelaw purporting to be made by a local authority upon which is endorse a certificate purporting to be signed by the proper officer of the authority stating—

(a) that the byelaw was made by the authority;

(b) that the copy is a true copy of the byelaw;

(c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;

(d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;

shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.

Miscellaneous provisions

239.—(1) Subject to the provisions of this Act, where a local authority, other than a parish or community council, are satisfied that it is expedient to promote, or any local authority are satisfied that it is expedient to oppose, any local or personal Bill in Parliament, the local authority may, but only in accordance with the procedure hereinafter provided by this section, promote or oppose the Bill accordingly, and may defray the expenses incurred in relation thereto.

(2) A resolution of a local authority to promote or oppose a Bill under subsection (1) above shall be—

(a) passed by a majority of the whole number of the members of the authority at a meeting of the authority held after the requisite notice of the meeting and of its purpose has been given by advertisement in one or more local newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and

(b) in the case of the promotion of a Bill, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the Bill has been deposited in Parliament and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the Bill.

(3) For the purposes of subsection (2) above the requisite notice is thirty clear days' notice in the case of promotion of a Bill and ten clear days' notice in the case of opposition to a Bill.

(4) The power conferred on a local authority by subsection (1) above shall be in substitution for any power conferred on that authority by a local Act.

(5) No payment shall be made by a local authority to a member of the authority for acting as counsel or agent in promoting or opposing a Bill under this section.

240.—(1) Where the Secretary of State is authorised to make a provisional order under this Act or any enactment passed on or after 1st June 1934 (being the date of commencement of the 1933 Act), the following provisions shall have effect—

(a) before a provisional order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;

(b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as the Secretary of State may direct and at which all persons interested shall be permitted to attend and make objections;

(c) the Secretary of State may submit the provisional order to Parliament for confirmation, and the order shall have no effect until it is confirmed by Parliament;

(d) if while the Bill for the confirmation of the order is pending in either House of Parliament a petition is presented against the order, the petitioner shall be allowed to appear before the Select Committee to which the Bill is referred, and oppose the order, as in the case of a private Bill.

(2) The reasonable costs incurred by a local authority in promoting or opposing a provisional order, and of the preliminary inquiry, or in supporting or opposing a Bill to confirm a provisional order, as sanctioned by the Secretary of State, shall be deemed to be expenses properly incurred by the local authority interested or affected by the order and shall be paid accordingly, and a local authority may borrow for the purpose of defraying any such costs.

(3) Where the Secretary of State is authorised to make an order under this Act which is subject to special parliamentary procedure or an order under any enactment passed on or after 1st June 1934 which is so subject by virtue of section 8(3) of the Statutory Orders (Special Procedure) Act 1945 , the following provisions shall have effect—

(a) before the order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;

(b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as he may direct and at which all persons interested shall be permitted to attend and make objections.

(4) Any order mentioned in subsection (1) or (3) above may repeal, revoke, modify or amend any Act confirming a provisional order or any order which has been subject to parliamentary procedure.

(5) At any time before submitting any order mentioned in subsection (1) or (3) above to Parliament, the Secretary of State may revoke the order, either wholly or in part.

(6) The making of any order mentioned in subsection (1) or (3) above shall be prima facie evidence that all the requirements of this section and any other enactment with respect to the steps to be taken before the making of the order have been complied with.

(7) Subsections (3) to (6) above shall be included among the enactments which may be adapted or modified by an Order in Council under section 8(3) of the Statutory Orders (Special Procedure) Act 1945.

241. Where any enactment, whether passed before or after 1st April 1974, authorises the formation by a provisional or other order of a joint board or joint committee, the constituent members of which are local authorities, for the discharge of any of the functions of those authorities, the provisional order or order may apply to the joint board or joint committee, subject to any necessary modifications, any of the provisions of this Act.

242. No misnomer or inaccurate description of any person or place named in any voting paper or notice relating to an election under Part I or II of this Act shall affect its full operation with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.

243.—(1) Where the day or the last day on which anything is required or permitted to be done by or by virtue of any provision to which this subsection applies is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above.

(2) Subsection (1) above applies to any provision of this Act or of an instrument under this Act, except a provision in Part IX or X or a provision of rules under section 42 above or paragraph 18 or 34 of Schedule 12 to this Act.

(3) Where under subsection (1) above the day of election or the day of a poll consequent on a parish or community meeting is postponed, the day to which it is postponed shall be treated for the purposes of this Act as the day of election or of the poll, as the case may be.

(4) In computing any period of time for the purpose of any rules mentioned in subsection (2) above or for the purposes of section 44(1) or 89(1) above any day specified in subsection (1) above shall be disregarded, but where between the giving of a notice of election or of the poll and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such rules, shall not operate to invalidate any act which would have been valid apart from that provision.

(5) Subsection (4) above, so far as it relates to any such rules shall have effect subject to the provisions of those rules.

244.—(1) The Secretary of State shall, as regards every local authority, exercise any power conferred on the Treasury by any local or private Act passed before 4th August 1906 with respect to dealings with property, loans and matters connected therewith, and all such enactments, and all enactments referring to the power so conferred, shall be construed accordingly.

(2) If any question arises whether subsection (1) above applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be final.

Part XII: Miscellaneous and General

245.—(1) If, on a petition presented to Her Majesty by the council of a district praying for the grant of a charter under this subsection, Her Majesty by advice of Her Privy Council thinks fit to do so, She may be the charter confer on that district the status of a borough and thereupon—

(a) the council of the district shall bear the name of the council of the borough

(b) the chairman and vice-chairman of the council shall respectively be entitled to the style of mayor and deputy mayor of the borough.

(2) A petition for a charter under subsection (1) above shall not be presented except on a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.

(3) No charter under subsection (1) above shall take effect before 1st April 1974.

(4) Where a petition is presented to Her Majesty before 1st April 1974 by the council of a district praying for the grant of a charter under subsection (1) above and it is signified on behalf of Her Majesty before that date that She proposes to accede to the petition and that She approves—

(a) the use for the district of any style previously belonging to an existing borough which on that date will become wholly or partly comprised in the district; and

(b) the use for the chairman and vice-chairman of the council of the district of any style previously belonging to the mayor or deputy mayor of that borough;

those styles may be used as from 1st April 1974.

(5) A district which has the status of a boroguh, or for which the style of borough may be used, by virtue of the foregoing provisions of this section and the council of any such district shall not be treated as a borough or the council of a borough for the purposes of any Act passed before 1st April 1974.

(6) The council of a parish or community which is not grouped with any other parish or community may resolve that the parish or community shall have the status of a town and thereupon —

(a) the council of the parish or community shall bear the name of the council of the town;

(b) the chairman and vice-chairman of the council shall be respectively entitled to the style of town mayor and deputy town mayor;

(c) the parish meeting or a community meeting shall have the style of town meeting.

(7) A resolution under subsection (6) above shall cease to have effect if the parish or community to which it relates ceases to exist.

(8) If a parish or community council which has passed a resolution under subsection (6) above is dissolved without the parish or community ceasing to exist, the dissolution shall not affect the status of the parish or community or the application to it of paragraph (c ) of that subsection and in England the parish trustees shall have the style of town trustees.

(9) A parish or community council by whom a resolution under subsection (6) above has been passed or, if the council has been dissolved, the parish meeting in England or a community meeting in Wales may resolve that the parish or community shall cease to have the status of a town and thereupon subsection (6)(a) to (c) above and subsection (8) above shall cease to apply to the parish or community.

(10) The foregoing provisions of this section shall have effect subject to any provision made by a grant under Her Majesty's prerogative and, in particular, to any such provision granting the status of a city or royal borough or conferring the style of lord mayor, deputy lord mayor or right honourable.

246.—(1) Any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of an existing city or borough shall belong on and after that date to the inhabitants of the area of the existing city or borough.

(2) A charter granted by Her Majesty under section 245 above with respect to a district may—

(a) provide that any powers to appoint local officers of dignity exercisable immediately before 1st April 1974 by the corporation of an existing city or borough, the area of which becomes wholly or partly comprised by virtue of Part I or II of this Act in the district, shall be exercisable on the coming into force of the charter by the council of the district in relation to the whole or any part of the district;

(b) provide that any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of any such city or borough shall belong on the coming into force of the charter to the inhabitants of the whole or any part of the district;

(c) contain such incidental, consequential or supplementary provision as may appear to Her Majesty to be necessary or proper in connection with the aforesaid matters.

(3) Where by virtue of Part I or II of this Act, the area of an existing city or borough on 1st April 1974 becomes a parish in England or becomes a community in Wales having a separate community council, any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the parish or community council.

(4) Where by virtue of Part I or II of this Act the area of an existing city or borough on 1st April 1974 becomes wholly comprised within a district not having that status, or entitled to the style of a borough by virtue of subsection (1) or (4) of section 245 above and that city or borough does not on that date become a parish in England or a community in Wales having a separate community council—

(a) there shall be as from that date be a body corporate by the name of "the Charter Trustees of the City" or "the Charter Trustees of the Town", as the case may be, with the addition of the name of the existing city or borough, consisting of the district councillors for the wards wholly or partly comprising the area of the city or borough or, if the number of those councillors is less than three, consisting of those councillors and such number of local government electors for that area appointed by the district council as will make the number of charter trustees up to three;

(b) the charter trustees may in every year elect one of their number to be city or town mayor and another to be deputy city or town mayor;

(c) any powers to appoint local officers of dignity excercisable immediately bedore that date by the corporation of the city or borough shall be excercisable on and after that date by the charter trustees.

(5) Where by virtue of Part I of this Act part of the area of an existing city or borough in England on 1st April 1974—

(a) becomes a parish; or

(b) becomes comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and does not become a parish;

the Secretary of State may by order provide that subsection (3) or (4) above, as the case may be, shall apply to that part of that area, but if the order so provides with the substitution for the name of the existing city or borough in question of a name specified in the order.

(6) Subsections (1), (3) and (4) above and any order under subsection (5) above shall have effect subject to any provision made by a grant under Her Majesty's prerogative or any provision of a charter granted by Her Majesty under section 245 above and any other provision of this Act or an instrument thereunder, and a charter under subsection (2) above shall have effect subject to any provision made by any such grant or any other provision of this Act or an instrument thereunder.

(7) If a charter is granted under that section to the council of a district, any charter trustees constituted under subsection (4) for an area comprised in that district shall be dissolved and paragraphs (b) and (c) of that subsection shall cease to apply to the area.

(8) If an area or part of an area for which chanter trustees have been constituted under subsection (4) above becomes, or becomes comprised in, a parish or a separate community council is established for a community consisting of such an area, that subsection shall cease to apply to the area or part and accordingly the charter trustees shall cease to act therefor.

(9) Where charter trustees have been constituted for an area which is altered by an order under Part IV of this Act and neither subsection (7) nor subsection (8) above applies in relation to the alteration, the order may make such provision with respect to the charter trustees as may appear to the Secretary of State to be appropriate.

(10) The sums required to meet the expenses of charter trustees shall be chargeable on, but only on, the area for which the charter trustees act, and for the purpose of obtaining those sums the charter trustees shall issue precepts to the council of the district in which that area is situated.

(11) Where the amount of the income received by charter trustees in any year from their property exceeds any expenditure incurred in connection with that property, they shall pay the excess to the rating authority for the rating area in which the area for which the charter trustees act is situated to be credited to the last-mentioned area.

(12) Every cheque or other order for the payment of money by charter trustees shall be signed by two of them.

(13) Charter trustees shall keep such accounts as may be prescribed of their receipts and payments.

(14) Sections 15(5) and 34(5) above shall apply in relation to a city or town mayor holding office by virtue of this section as they apply to the chairman of a parish or community council.

(15) Sections 154 to 168 above and section 228 above, except subsection (5), shall apply in relation to charter trustees as if the charter trustees were the council of a parish or community consisting of the area for which they act.

(16) Sections 173 to 178 above shall apply in relation to charter trustees as if the charter trustees were the members of the council of a parish or commuuity consisting of the area for which they act.

247.—(1) Subject to subsection (2) below, Her Majesty may by Order in Council authorise any new local authority specified in the Order to bear and use any armorial bearings which may be so specified and which, immediately before 1st April 1974, were lawfully borne and used by an existing local authority which ceases to exist by virtue of section 1 or section 20 above.

(2) An Order in Council under this section shall provide that before any armorial bearings of an existing local authority may be borne and used by a new local authority in accordance with the Order, they shall be exemplified according to the laws of arms and recorded in the College of Arms.

269.— In every provision of this Act other than sections 1 and 20 above, in every Act passed on or after 1st April 1974, and in every instrument made on or after that date under any enactment (whether passed before, on or after that date), "Wales", subject to any alteration of boundaries made under section 62 above, means the area consisting of the counties established by the said section 20 and "England" does not include any area included in any of those counties.

274. (1) This Act may be cited as the Local Government Act 1972.

(2) Except for section 268 above, and paragraph 35 of Schedule 29 to this Act and the repeals made by this Act in the House of Commons Disqualifications Act 1957 and any enactment regarding that Act, this Act shall not extend to Scotland.

(3) Except for section 268 above and the said repeals this Act shall not extend to Northern Ireland.

Schedule 1 : Counties and metropolitan districts in England

Part I : Metropolitan counties and metropolitan districts

(1) Name of county	(2) Area by reference to existing administrative areas
Greater Manchester	Wigan MB District (a) The county borough of Wigan. In the administrative county of Lancaster— the borough of Leigh; the urban districts of Abram, Apsull, Atherton, Hindley, Ince-in-Makerfield, Orrell, Standish-with-Langtree and Tyldesley; the urban district of Ashton-in-Makerfield except the ward in Merseyside; the urban district of Golborne, except the wards in Cheshire; in the urban district of Billinge-and-Winstanley, the Billinge Higher End ward and the Winstanley ward except the detatched parts; in the rural district of Wigan, the parishes of Haigh, Shevington and Worthington.
	Bolton MB District (b) The county borough of Bolton. In the administrative county of Lancaster— the borough of Farnworth; the urban districts of Blackrod, Horwich, Kearsley, Little Lever and Westhoughton; in the urban district of Turton, the Bradshaw North, Bradshaw South, Bromley Cross and Eagley wards and so much of the Egerton ward as lies south of the boundary referred to in paragraph 3 of Part III of this Schedule.
	Bury MB District (c) The county borough of Bury. In the administrative county of Lancaster— the boroughs of Prestwich and Radcliffe; the urban districts of Tottington and Whitefield; in the urban districts of Ramsbotom, the Central, East, South and West wards.
	Rochdale MB District (d) The county borough of Rochdale. In the administrative county of Lancaster— the boroughs of Heywood and Middleton; the urban districts of Littleborough, Milnrow and Wardle.
	Salford MB District (e) The county borough of Salford. In the administrative county of Lancaster— the boroughs of Eccles and Swinton and Pendlebury; the urban districts of Irlam and Worsley
	Manchester MB District (f) The county borough of Manchester. In the administrative county of Chester, in the rural district of Bucklow, the parish of Ringway.
	Oldham MB District (g) The county borough of Oldham. In the administrative county of Lancaster, the urban districts of Chadderton, Crompton, Failsworth, Lees and Royton. In the administrative county of Yorkshire, West Riding, the urban district of Saddleworth.
	Trafford MB District (h) In the administrative county of Chester— the boroughs of Altrincham and Sale the urban districts of Bowdon and Hale in the rural district of Bucklow, the parishes of Carrington, Dunham Massey, Partington and Warburton In the administrative county of Lancaster— the borough of Stretford the urban district of Urmston
	Stockport MB District (j) The county borough of Stockport. In the administrative county of Chester, the urban districts of Bredbury and Romiley, Cheadle and Gatley, Hazel Grove and Bramhall and Marple.
	Tameside MB District (k) In the administrative county of Chester— the boroughs of Dukinfield, Hyde and Stalybridge the urban district of Longdendale In the administrative county of Lancaster— the boroughs of Ashton-under-Lyne and Mossley the urban districts of Audenshaw, Denton and Droylsden
Merseyside	Sefton MB District (a) The county boroughs of Bootle and Southport. In the administrative counties of Lancaster— the borough of Crosby; the urban districts of Formby and Litherland; in the rural district of West Lancashire, the parishes of Aintree, Ince Blundell, Maghull, Melling, Netherton, Sefton and Thornton, so much of the parish of Altcar as lies west of the line for the time being of the centre of the Downholland Brook, and so much of the parish of the parish of Lydiate as lies south of the line for the time being of the centre of the Lydiate Brook, the north channel being taken where the Brook divides.
	Liverpool MB District (b) The county borough of Liverpool.
	District (c) St Helens MB The county borough of St. Helens. In the administrative county of Lancaster— the urban districts of Haydock, Newton-le-Willows and Rainford; the urban district of Billinge-and-Winstanley except the areas in Greater Manchester; in the urban district of Ashton-in-Makerfield, the South ward; in the rural district of Whiston, the parishes of Eccleston, Rainhill and Windle, and the parish of Bold, except the area in Cheshire.
	Knowsley MB District (d) In the administrative county of Lancaster— the urban districts of Huyton-with-Roby, Kirkby and Prescott; the rural districts of Whiston except the areas in district (c) and Cheshire; in the rural district of West Lancashire, the parish of Simonswood.
	Wirral MB District (e) The county boroughs of Birkenhead and Wallasey. In the administrative county of Chester— the borough of Bebington the urban districts of Hoylake and Wirral
South Yorkshire	Barnsley MB District (a) The county borough of Barnsley. In the administrative county of Yorkshire, West Riding— the urban districts of Cudworth, Darfield, Darton, Dearne, Dodworth, Hoyland Nether, Penistone, Royston, Wombwell and Worsborough; the rural district of Penistone; in the rural district of Hemsworth, the parishes of Billingley, Brierley, Great Houghton, Little Houghton and Shafton; in the rural district of Wortley, the parishes of Tankersley and Wortley.
	Doncaster MB District (b) The county borough of Doncaster. In the administrative county of Yorkshire, West Riding— the urban districts of Adwick le Street, Bentley with Arksey, Conisbrough, Mexborough and Tickhill; the rural districts of Doncaster and Thorne In the administrative county of Nottinghamshire— in the rural district of East Retford, the parish of Finningley; in the rural district of Worksop, in the parish of Harworth, the North ward, so much of the East ward as lies east and north of Ordnance Survey parcels 4800, 4749, 5136, 8630, and the detatched part of the West ward which includes the hamlet of Hesley.
	Sheffield MB District (c) The county borough of Sheffield. In the administrative county of Yorkshire, West Riding— the urban district of Stocksbridge in the rural district of Wortley, the parishes of Bradfield and Ecclesfield
	Rotherham MB District (d) The county borough of Rotherham. In the administrative county of Yorkshire, West Riding— the urban districts of Maltby, Rawmarsh, Swinton and Wath upon Dearne; the rural districts of Kiveton Park and Rotherham
Tyne and Wear	Newcastle MB District (a) The county borough of Newcastle upon Tyne. In the administrative county of Northumberland— the urban districts of Gosforth and Newburn; in the rural district of Castle Ward, the parishes of Brunswick, Dinnington, Hazelregigg, North Gosforth and Woolsington; The Moot Hall and Precints, Newcastle upon Tyne.
	North Tyneside MB District (b) The county borough of Tynemouth. In the administrative county of Northumberland— the borough of Wallsend; so much of the borough of WHitley Bay as lies south of the boundary referred to in paragraph 4 of Part III of this schedule; the urban district of Longbenton; in the urban district of Seaton Valley, the wards of Backworth, Earsdon and Shiremoor.
	Gateshead MB District (c) The county borough of Gateshead. In the administrative county of Durham— the urban districts of Blaydon, Felling, Ryton and Whickham; in the rural district of Chester-le-Street, the parish of Lamesley and the parish of Birtley except the part in district (e).
	South Tyneside MB District (d) The county borough of South Shields. In the administrative county of Durham— the borough of Jarrow; the urban districts of Boldon and Hebburn.
	Sunderland MB District (e) The county borough of Sunderland. In the administrative county of Durham— the urban districts of Hetton, Houghton-le-Spring and Washington; in the rural district of Chester-le-Street, so much of the parishes of Birtley, Harraton and South Biddick as lies within the designated area of Washington New Town and also so much of the said parish of Harraton as lies west of that designated area and north of the bounary referred to in paragraph 5 of Part III of this Schedule;
West Midlands	Wolverhampton MB District (a) The county borough of Wolverhampton.
	Walsall MB District (b) The county borough of Walsall. In the administrative county of Staffordshire, the urban district of Aldridge-Brownhills.
	Dudley MB District (c) The county borough of Dudley. In the administrative county of Worcestershire, the boroughs of Halesowen and Stourbridge.
	Sandwell MB District (d) The county boroughs of Warley and West Bromwich.
	Birmingham MB District (e) The county borough of Birmingham. In the administrative county of Warwickshire, the borough of Sutton Coldfield.
	Solihull MB District (f) The county borough of Solihull. In the administrative county of Warwickshire— in the rural district of Meriden, the parishes of Balsall, Barston, Berkswell, Bickenhill, Castle Bromwich, Chelmsley Wood, Fordbridge, Hampton in Arden, Kingshurt and Meriden; in the rural district of Stratford-on-Avon, the parish of Hockley Heath.
	Coventry MB District (g) The county borough of Coventry. In the administrative county of Warwickshire, in the rural district of Meriden, the parishes of Allesley and Keresley.
West Yorkshire	Bradford MB District (a) The county borough of Bradford. In the administrative county of Yorkshire, West Riding— the borough of Keighley; the urban districts of Baildon, Bingley, Denholme, Ilkley, Shipley and Silsden; the urban district of Queensbury and Shelf, except the wards in district (c); in the rural district of Skipton, the parishes of Addingham, Kildwick and Steeton with Eastburn.
	Leeds MB District (b) The county borough of Leeds. In the administrative county of Yorkshire, West Riding— the boroughs of Morley and Pudsey; the urban districts of Aireborough, Garforth, Horsforth, Otley and Rothwell; in the rural district of Tadcaster, the parishes of Aberford, Austhorpe, Barwick in Elmet and Scholes, Great and Little Preston, Ledsham, Ledston, Lotherton cum Aberford, Mickefield, Parlington, Sturton Grange and Swillington; in the rural district of Wetherby, the parishes of Bardsey cum Rigton, Boston Spa, Bramham cum Oglethorpe, Clifford, Collingham, East Keswick, Harewood, Scarcroft, Thorner, Thorp Arch, Walton, Wetherby and Wothersome; in the rural district of Wharfedale, the parishes of Arthington, Bramhope, Carlton and Pool.
	Calderdale MB District (c) The county borough of Halifax. In the administrative county of Yorkshire, West Riding— the boroughs of Brighouse and Todmodern; the urban districts of Elland, Hebden Royd, Ripponden and Sowerby Bridge; in the urban district of Queensbury and Shelf, the wards of Shelf East and Shelf West; the rural district of Hepton.
	Kirklees MB District (d) The county boroughs of Dewsbury and Huddersfield. In the administrative county of Yorkshire, West Riding— the boroughs of Batley and Spenborough; the urban districts of Colne Valley, Denby Dale, Heckmondwike, Holmfirth, Kirkburton, Meltham and Mirfield.
	Wakefield MB District (e) The county borough of Wakefield. In the administrative county of Yorkshire, West Riding— the boroughs of Castleford, Ossett and Pontefract; the urban districts of Featherstone, Hemsworth, Horbury, Knottingley, Normanton and Stanley; the rural district of Wakefield; the rural district of Hemsworth; except the parishes in North Yorkshire and South Yorkshire; in the rural district of Osgoldcross, the parishes of Darrington and East Hardwick.

Part II : Non-metropolitan counties

(1) Name of county	(2) Area by reference to existing administrative areas
Avon	The county boroughs of Bath and Bristol. In the administrative county of Gloucestershire— the urban districts of Kingswood and Mangotsfield the rural district of Warmley; the rural district of Sodbury, except the parish of Alderley; the rural district of Thurnbury, except the parishes of Alkington, Berkeley, Ham and Stone, Hamfallow and Hinton. In the administrative county of Somerset— the borough of Weston-super-Mare; the urban districts of Clevedon, Keynsham, Norton-Radstock and Portishead; the rural districts of Bathavon and Long Ashton; in the rural Axbridge, the parishes of Banwell, Bleadon, Butcome, Churchill, Congresbury, Hutton, Kewstoke, Locking, Puxton, Wick St. Lawrence, Winscombe and Wrington, so much of the parish of Loxton as lies north of the line for the time being of the centre of the river Axe and so much of the parishes of Blagdon and Burrington as lies north of the boundary referred to in paragraph 6 of Part III of this Schedule; in the rural district of Clutton, the parishes of Cameley, Chelwood, Chew Magna, Chew Stoke, Clutton, Farmborough, Farrington Gurney, High Littleton, Hinton Blewett, Nempnett Thrubwell, Norton Malreward, Paulton, Publow, Stanton Drew, Stowey-Sutton and Timsbury and so much of the parishes of East Harptree, West Harptree, Compton Martin and Ubley as lies north of the boundary referred to in paragraph 6 of Part III of this Schedule; the unannexed area adjacent to the urban district of Keynsham; Steep Holme Island.
Bedfordshire	The county borough of Luton. The administrative county of Bedford.
Berkshire	The county borough of Reading. The administrative county of Berkshire, except the areas in Oxfordshire. In the administrative county of Buckingham— the borough of Slough; the urban district of Eton; in the rural district of Eton, the parishes of Datchet, Horton and Wraysbury, the Britwell ward of the parish of Burnham and so much of the parish of Wexham as lies south of the boundary referred to in paragraph 7 of Part III of this Schedule.
Buckinghamshire	The administrative county of Buckingham, except the areas in Berkshire.
Cambridgeshire	The administrative counties of Cambridgeshire and Isle of Ely and Huntingdon and Peterborough.
Cheshire	The county boroughs of Chester and Warrington. The administrative county of Chester, except the areas in Derbyshire, Greater Manchester and Merseyside. In the administrative county of Lancashire— the borough of Widnes; in the urban district of Golborne, the wards of Culceth and Newchurch; the rural district of Warrington; in the rural district of Whiston, the parish of Hale and so much of the parish of Bold as lies within the designated area of Warrington New Town
Cleveland	The county boroughs of Hartlepool and Teesside. In the administrative county of Durham, the rural district of Stockton. In the administrative county of Yorkshire, North Riding— the urban districts of Guisborough, Loftus, Saltburn and Marske-by-the-Sea and Skelton and Brotton; in the rural district of Stokesley, the parishes of Castlelevington, Hilton, Ingleby Barwick, Kirklevington, Maltby, Nunthorpe and Yarm.
Cornwall	The administrative county of Cornwall.
Cumbria	The county boroughs of Barrow-in-Furness and Carlisle. The administrative counties of Cumberland and Westmorland. In the administrative county of Lancaster— the urban districts of Dalton-in-Furness, Grange and Ulverston; the rural district of North Lonsdale. In the administrative county of Yorkshire, West Riding, the rural district of Sedbergh.
Derbyshire	The county borough of Derby. The administrative county of Derbyshire. In the administrative county of Chester, the rural district of Tintwistle.
Devon	The county boroughs of Exeter, Plymouth and Torbay. The administrative county of Devon.
Dorset	The county borough of Bournemouth. The administrative county of Dorset. In the administrative county of Hampshire— the borough of Christchurch; in the rural district of Ringwood and Fordingbridge, the parishes of Hurn and St. Leonards and St. Ives, so much of the parish of Christchurch East as lies west of the boundary referred to in paragraph 8 of Part III of this Schedule and so much of the parish of Sopley as lies west of the boundary referred to in paragraph 9 of Part III of this Schedule.
Durham	The county borough of Darlington. The administrative county of Durham, except the areas in Cleveland and Tyne and Wear. In the administrative county of Yorkshire, North Riding, the rural district of Startforth.
East Sussex	The county boroughs of Brighton, Eastbourne and Hastings. The administrative county of East Sussex, except the areas in West Sussex.
Essex	The county borough of Southend-on-Sea. The administrative county of Essex.
Gloucestershire	The county borough of Gloucester. The administrative county of Gloucestershire, except the areas in Avon.
Hampshire	The county boroughs of Portsmouth and Southampton. The administrative county of Hampshire, except the areas in Dorset.
Hereford and Worcester	The county borough of Worcester. The administrative county of Herefordshire. The administrative county of Worcestershire, except the boroughs in West Midlands.
Hertfordshire	The administrative county of Hertfordshire.
Humberside	The county boroughs of Grimsby and Kingston upon Hull. The administrative county of Yorkshire, East Riding, except for the areas in North Yorkshire. In the administrative county of Lincoln, Parts of Lindsey— the boroughs of Cleethorpes and Scunthorpe; the urban districts of Barton-upno-Humber and Brigg; the rural districts of Glanford Brigg, Grimsby and Isle of Axholme. In the administrative county of Yorkshire, West Riding— the borough of Goole; the rural district of Goole.
Isle of Wight	The administrative county of Isle of Wight.
Kent	The county borough of Canterbury. The administrative county of Kent.
Lancashire	The county boroughs of Blackburn, Blackpool, Burnley and Preston. The administrative county of Lancaster, except the areas in Cheshire, Cumbria, Greater Manchester and Merseyside. In the administrative county of Yorkshire, West Riding— the urban districts of Barnoldswick and Earby; the rural district of Bowland; in the rural district of Skipton, the parishes of Bracewell, Brogden and Salterforth.
Leicestershire	The county borough of Leicester. The administrative counties of Leicestershire and Rutland.
Lincolnshire	The county borough of Lincoln. The administrative counties of Lincoln, Parts of Holland and Lincoln, Parts of Kesteven. The administrative county of Lincoln, Parts of Lindsey, except the areas in Humberside.
Norfolk	The county boroughs of Great Yarmouth and Norfolk. The administrative county of Norfolk. In the administrative county of East Suffolk, in the rural district of Lothingland, the parishes of Belton, Bradwell, Burgh Castle, Fritton and Hopton-on-Sea, so much of the parish of Herringfleet as lies north of the boundary referred to in paragraph 10 of Part III of this Schedule and so much of the parish of Corton as lies north of the boundary referred to in paragraph 11 of that Part.
North Yorkshire	The county borough of York. The administrative county of Yorkshire, North Riding, except the areas in Cleveland and Durham. In the administrative county of Yorkshire, East Riding— the urban districts of Filey and Norton; the rural districts of Derwent and Norton; in the rural district of Bridlington, the parishes of Folkton, Hunmanby, Muston and Reighton. In the administrative county of Yorkshire, West Riding— the boroughs of Harrogate and Ripon; the urban districts of Knaresborough, Selby and Skipton; the rural districst of Nidderdale, Ripon and Pately Bridge, Selby and Settle; the rural districts of Osgoldcross, Tadcaster, Wetherby and Wharfedale, except the parishes in West Yorkshire; the rural district of Skipton, except the parishes in Lancashire and West Yorkshire; in the rural district of Hemsworth, the parishes of Kirk Smeaton, Little Smeaton and Walden Stubbs.
Northamptonshire	The county borough of Northampton. The administrative county of Northamptonshire.
Northumberland	The administrative county of Northumberland, except the areas in Tyne and Wear.
Nottinghamshire	The county borough of Nottingham. The administrative county of Nottinghamshire, except the areas in South Yorkshire.
Oxfordshire	The county borough of Oxford. The administrative county of Oxford. In the administrative county of Berkshire— the boroughs of Abingdon and Wallingford; the urban district of Wantage; the rural districts of Abingdon, Faringdon and Wallingford; in the rural district of Wantage, the parishes of Ardington, Blewbury, Childrey, Chilton, Denchworth, East Challow, East Hanney, East Hendred, Goosey, Grove, Harwell, Letcome Bassett, Letcombe Regis, Lockinge, Sparsholt, Upton, West Challow, West Hanney and West Hendred.
Salop	The administrative county of Salop.
Somerset	The administrative county of Somerset, except the areas in Avon.
Staffordshire	The county boroughs of Burton upon Trent and Stoke-on-Trent. The administrative county of Staffordshire, except the urban district in West Midlands.
Suffolk	The county borough of Ipswich. The administrative county of East Suffolk, except the areas in Norfolk. The administrative county of West Suffolk.
Surrey	The administrative county of Surrey, except the areas in West Sussex.
Warwickshire	The administrative county of Surrey, except the areas in West Midlands.
West Sussex	The administrative county of West Sussex. In the administrative county of East Sussex— the urban districts of Burgess Hill, Cuckfield and East Grinstead; the rural district of Cuckfield. In the administrative county of Surrey, in the rural district of Dorking and Horley, the parish of Charlwood, except the detached part, and so much of the parish of Horley as lies south of the boundary referred to in paragraph 12 of Part III of this Schedule.
Wiltshire	The administrative county of Wiltshire.

Part III: Rules as to boundaries

Part IV: Divided parishes

Schedule 2 : Constitution and membership of Greater London Council and London borough councils

Schedule 3: Establishment of new authorities in England

Division of non-metropolitan counties into districts

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 ni making any such proposals.

(2) The Secretary of State shall by order give effect to any proposals under this paragraph either as submitted to him or with modifcations, but an order shall not be made under this paragraph 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 councillors

2. Elections of councillors of the new principal councils shall be held on dates in 1973 fixe by the Secretary of State by order and the persons elected at these elections shall come into office on the fourth day after the day of election.

3.

4.—(1) Of the district councillors elected under paragraph 2 above for any ward of a non-metropolitan district—

(a) one-third shall retire in 1975, being, subject to sub-paragraphs (2) and (3) below, those elected by the smallest number of votes;

(b) one-third shall retire in 1976, being, subject to sub-paragraphs (2) and (3) below, those elected by the next smallest number of votes; and

(c) the remainder shall retire in 1978;

in each case on the fourth day after the ordinary day of election of such councillors in the year of retirement.

(2) In the case of an equality of votes between any persons elected which makes it uncertain which of them is to retire in any such year, the person or persons to retire in that year shall be determined by lot.

(3) If an election of district councillors under paragraph 2 above for any ward of a metropolitan district is not contested the person or persons to retire in each such year shall be determined by lot.

(4)

Schedule 4: Local government areas in Wales

Part I: Counties

(1) Name of county	(2) Area by reference to existing administrative areas
Clwyd	The administrative county of Flintshire. The administrative county of Denbigh, except the parts to be comprised in the county of Gwynedd. In the administrative county of Merioneth, the rural district of Edeyrnion.
Dyfed	The administrative counties of Cardiganshire, Carmarthenshire and Pembroke.
Gwent	The county borough of Newport. The administrative county of Monmouthshire except the parst to be comprised in the counties of Mid Glamorgan and South Glamorgan. In the administrative county of Brecon:— the urban district of Brynmawr; in the rural district of Crickhowell, the parish of Llanelly.
Gwynedd	The administrative counties of Anglesey and Caernarvon. The administrative county of Merioneth except the rural district of Edeyrnion. In the administrative county of Denbigh:— the urban district of Llanrwst in the rural district of Aled, the parish of Llansantffraid Glan Conway; in the rural district of Haraethog, the parishes of Eglwysbach, Llanddoget, Llanrwst Rural and Tir Ifan.
Mid Glamorgan	The county borough of Merthyr Tydfil. In the administrative county of Glamorgan:— the borough of Rhondda; the urban districts of Aberdare, Bridgend, Caerphilly, Gelligaer, Maesteg, Mountain Ash, Ogmore and Garw, Pontypridd and Porthcawl; the rural districts of Llantrisant and Llantwit Fardre and Penybont; in the rural district of Cardiff, the parishes of Llanfedw, Llanilterne, Pentyrch, Rhydygwern, Rudry and Van; in the rural district of Cowbridge, the parishes of Llanharan, Llanharry, Llanilid and Peterstone-super-Montem; in the rural district of Neath, the parish of Rhigos. In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parishes of Penderyn and Vaynor. In the administrative county of Monmouthshire:— the urban districts of Bedwas and Machen and Rhymney; in the urban district of Bedwellty, the Aberbargoed, Cymsyfiog, New Tredegar and Phillipstown wards.
Powys	The administrative counties of Montgomeryshire and Radnorshire. The administrative county of Brecon except the parts to be comprised in the counties of Gwent and Mid Glamorgan.
South Glamorgan	The county borough of Cardiff. In the administrative county of Glamorgan:— the boroughs of Barry and Cowbridge; the urban district of Panarth; the rural district of Cardiff except the parishes of Llanfedw, Llanilterne, Pentyrch, Rhydygwern, Rudry and Van; the rural district of Cowbridge except the parishes of Llanharan, Llanharry, Llanilid and Peterston-super-Montem. In the administrative county of Monmouthshire, in the rural district of Magor and St. Mellons, the parish of St. Mellons.
West Glamorgan	The county borough of Swansea. In the administrative county of Glamorgan:— the boroughs of Neath and Port Talbot the urban districts of Glyncorrwg and Llwchwr; the rural districts of Gower and Pontardawe; the rural district of Neath except the parish of Rhigos.

Part II: Districts

(1) Name of county	(2) Reference number of district	(3)> Area of district by reference to existing administrative areas.
Clwyd	C1	In the administrative county of Denbigh:— the borough of Colwyn Bay; the urban district of Abergele; the rural districts of Aled and Hiraethog except the parts to be comprised in district GD.4
	C2	In the administrative county of Flintshire:— the rurban districts of Prestatyn and Rhyl; the rural district of St. Asaph.
	C3	In the administrative county of Flintshire:— the borough of Flint; the urban districts of Holywell and Mold; the rural district of Holywell.
	C4	In the administrative county of Flintshire:— the urban districts of Buckley and Connah's Quay; the rural district of Hawarden except the part to be comprised in districts C6.
	C5	In the administrative county of Denbigh:— the boroughs of Denbigh and Ruthin; the urban district of Llangolen; the rural districts of Ceiriog and Ruthin; in the rural district of Wrexham, the parishes of Llangollen Rural and Llantysilo. In the administrative county of Merioneth, the rural district of Edeyrnion.
	C6	In the administrative county of Denbigh:— the borough of Wrexham; the rural district of Wrexham except the parts to be comprised in district C.5 In the administrative county of Flintshire:— the rural district of Maelor; in the rural district of Hawarden, the parish of Marford and Hoseley.
Dyfed	D1	In the administrative county of Cardiganshire:— the boroughs of Aberystwyth, Cardigan and Lampeter; the urban districts of Aberaeron and New Quay; the rural districts of Aberaeron, Aberystwyth, Teifiside and Tregaron.
	D2	In the administrative county of Pembroke:— the borough of Haverfordwest; the urban districts of Fishguard and Goodwick, Milford Haven and Neyland; the rural districts of Camaes and Haverfordwest.
	D3	In the administrative county of Pembroke:— the boroughs of Pembroke and Tenby; the urban district of Narberth; the rural districts of Narberth and Pembroke.
	D4	In the administrative county of Carmarthenshire:— the borough of Carmarthen; the urban district of Newcastle Emlyn; the rural districts of Carmarthen and Newcastle Emlyn.
	D5	In the administrative county of Carmarthenshire:— the boroughs of Kidwelly and Llanelli; the urban district of Burry Port; the rural district of Llanelli.
	D6	In the administrative county of Carmarthenshire:— the borough of Llandovery; the urban districts of Ammanford, Cwmamman and Llandeilo; the rural district of Llandeilo.
Gwent	GT1	The county borough of Newport. In the administrative county of Monmouthshire:— the urban district of Caerleon; the rural district of Magor and St. Mellons except the parts to be comprised in districts GT.4 and SG.1.
	GT2	In the administrative county of Monmouthshire:— the urban districts of Abercarn, Mynysddislwyn and Risca; the urban district of Bedwellty except the parts to be comprised in district MG.5.
	GT3	In the administrative county of Monmouthshire, the urban districts of Abertillery, Ebbw Vale, Nantyglo and Blaina and Tredegar. In the administrative county of Brecon:— the urban district of Brynmawr; in the rural district of Crickhowell, the parish of Llanelly.
	GT4	In the administrative county of Monmouthshire:— the urban districts of Blaenavon, Cwmbran and Pontypool; in the rural district of Magor and St. Mellons, the parish of Henllys; in the rural district of Pontypool, the parish of Llanfrechfa Lower.
	GT5	In the administrative county of Monmouthshire:— the boroughs of Abergavenny and Monmouth; the urban districts of Chepstow and Usk; the rural districts of Abergavenny, Chepstow and Monmouth; the rural district of Pontypool except the part to be comprised in district GT.4.
Gwynedd	GD1	In the administrative county of Anglesey:— the borough of Beaumaris; the urban districts of Amlwch, Holyhead, Llangefni and Menai Bridge; the rural districts of Aethwy, Twrcelyn and Valley.
	GD2	In the administrative county of Caernarvon:— the borough of Pwllheli; the urban districts of Criccieth and Pothmadog; the rural district of Lleyn; in the rural district of Gwyrfai, the parishes of Beddgelert and Clynnog;
	GD3	In the administrative county of Caernarvon:— the boroughs of Bangor and Caernarvon; the urban district of Bethesda; the rural district of Ogwen; the rural district of Gwyrfai except the parts to be comprised in district GD.2.
	GD4	In the administrative county of Caernarvon:— the borough of Conwy; the urban districts of Betws-y-Coed, Llandudno, Llanfairfechan and Penmaenmawr; the rural district of Nant Conway. In the administrative county of Denbigh:— the urban district of Llanrwst; in the rural distrct of Aled, the parish of Llansantffraid Glan Conway; in the rural district of Hiraethog, the parishes of Eglwysbach, Llanddoget, Llanwrst Rural and Tir Ifan.
	GD5	In the administrative county of Merioneth:— the urban districts of Bala, Barmouth, Dolgellau, Ffestiniog and Tywyn; the rural districts of Deudrath, Dolgellau and Penllyn
Mid Glamorgan	MG1	In the administrative county of Glamorgan:— the urban district of Bridgend, Maesteg, Ogmore and Garw and Porthcawl; the rural district of Pentybont.
	MG2	In the administrative county of Glamorgan, the borough of Rhondda.
	MG3	In the administrative county of Glamorgan:— the urban districts of Aberdare and Mountain Ash; in the rural district of Neath, the parish of Rhigos; In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parish of Penderyn.
	MG4	The county borough of Merthyr Tydfil. In the administrative county of Glamorgan, in the urban district of Galligaer, the Bedlinog ward. In the administrative county of Brecon, in the rural district of Vaynor and Penderyn, the parish of Vaynor.
	MG5	In the administrative county of Glamorgan:— the urban district of Caerphilly except the Taff's Well ward; the urban district of Gelligaer except the Bedlinog ward; in the rural district of Cardiff, the parishes of Llanfedw, Rhydygwen, Rhudry and Van. In the administrative county of Monmouthshire:— the urban districts of Bedwas and Machen and Rhymney; in the urban district of Bedwellty, the Aberbargoed, Cwmsyfiog, New Tredegar and Phillipstown wards.
	MG6	In the administrative county of Glamorgan:— the urban district of Pontypridd; the rural district of Llantrisant and Llantwit Fardre; in the urban district of Caerphilly, the Taff's Well ward; in the rural district of Cardiff, the parishes of Llantilterne and Pentyrch; in the rural district of Cowbridge, the parishes of Llanharan, Llanharry, Llanilid and Peterstone-super-Montem.
Powys	P1	In the administrative county of Montgomeryshire:— the boroughs of Llanfyllin, Llanidloes, Montgomery and Welshpool; the urban districts of Machynlleth and Newtown and Llanllwchaiarn; the rural districts of Forden, Llanflyllin, Machynlleth and Newton and Llanidloes.
	P2	In the administrative county of Radnorshire:— the urban districts of Knighton, Llandindod Wells and Presteigne; the rural districts of Colwyn, Knighton, New Radnor, Painscastle and Rhyader.
	P3	In the administrative county of Brecon:— the borough of Brecon; the urban districts of Builth Wells, Hay and Llanwrtyd Wells; the rural districts of Brecknock, Builth, Hay and Ystradgynlais; the rural district of Crickhowell except the part to be comprised in district GT.3 in the rural district of Vaynor and Penderyn, the parish of Ystradfellte.
South Glamorgan	SG1	The county borough of Cardiff. In the administrative county of Glamorgan, in the rural district of Cardiff, the parishes of Lisvane, Llanedeyrn, Radyr, St. Fagans and Tongwynlais. In the administrative county of Monmouthshire, in the rural district of Magor and St. Mellons, the parish of St. Mellons.
	SG2	In the administrative county of Glamorgan:— the boroughs of Barry and Cowbridge; the urban district of Penarth; the rural district of Cardiff except the parts to be comprised in districts MG.5, MG.6 and SG.1; the rural district of Cowbridge except the part parts to be comprised in district MG.6.
West Glamorgan	WG1	The county borough of Swansea. In the administrative county of Glamorgan, the rural district of Gower.
	WG2	In the administrative county of Glamorgan:— the urban district of Llwchwr; the rural district of Pontardawe.
	WG3	In the administrative county of Glamorgan:— the borough of Neath; the rural district of Neath except the part to be comprised in district MG.3.
	WG4	In the administrative county of Glamorgan:— the borough of Port Talbot; the urban district of Glyncorrwg.

Part III: Communities differing from existing local government areas

Part IV: Rules as to boundaries

Schedule 5: Establishment of new authorities in Wales

Schedule 6: Amendment and modification of election law

Schedule 7: Constitution and proceedings of the Local Government Boundary Commission for England

Schedule 8: Constitution and proceedings of the Local Government Boundary Commission for Wales

Schedule 9: Initial review of electoral arrangements in England

Schedule 10: Initial reviews in Wales

Schedule 11: Rules to be observed in considering electoral arrangements

Schedule 12: Meetings and proceedings lof local authorities

Part I: Principal councils

Part II: Parish councils

Part III: Parish meetings

Part IV: Community councils

Part V: Community meetings

Part VI: Provisions relating to local authorities generally

Schedule 13: Loans and other financial provisions

Part I: Borrowing, lending and funds

Part II: Amendments with respect to finance and rating=

Schedule 14: Amendment and modification of Public Health Acts, etc.

Part I: The Public Health Act 1936

Part II: Other enactments

Schedule 15: Amendment and modification of enactments relating to water and sewage

Schedule 16

Schedule 17

Schedule 18

Schedule 19

Schedule 20

Schedule 21

Schedule 22

Schedule 23

Schedule 24

Schedule 25

Schedule 26 : Cemeteries and crematoria

Schedule 27

Schedule 28: Borough civil courts to be abolished

• Abingdon Court of Record
• Andover Court of Record
• Banbury Court of Record
• Barnstaple Court of Record
• Basingstoke Court of Record
• Bath Court of Record
• Beaumaris Court of Record
• Beccles Fen Court
• Bedford Court of Pleas
• Beverley Court of Record
• Bewdley Court of Record
• Bideford Court of Record
• Birmingham Borough Court
• Blanford Forum CoR
• Bodmin CoR
• Boston CoR
• Brecon CoR
• Bridgwater CoR
• Birdport CoR
• Bristol Mayor's Court
• Buckingham Three Weeks Court
• Bury St. Edmunds CoR
• Cambridge Court of Pleas
• Canterbury Mayor's Court
• Cardiff CoR
• Carlisle Mayor and Bailiff's Court
• Chester Courts of Portmote and of Pentice and Passage
• Chichester CoR
• Chipping Norton CoR
• Clitheroe Borough Court
• Colchester Law Hundred and Foreign Courts
• Congleton CoR
• Conway Court Baron
• Coventry CoR
• Dartmouth CoR
• Daventry CoR
• Deal CoR
• Denbigh CoR
• Derby CoR
• Devizes CoR
• Doncaster Court of Pleas
• Dorchester CoR
• Dover CoR
• Droitwich CoR
• Evesham CoR
• Exeter CoR
• Falmouth Court of Pleas and Record
• Faversham Portmote Court
• Folkestone CoR
• Gloucester CoR
• Godmanchester Court of Pleas
• Grantham CoR
• Gravesend CoR
• Great Grimsby Mayor's Court
• Great Torrington CoR
• Great Yarmouth Borough Court
• Guildford CoR
• Hartlepool Court of Pie Poudre, etc.
• Harwick Court of Pleas
• Hastings CoR
• Haverfordwest Intrinsical Court
• Hedon Court of Pleas
• Helston CoR
• Hereford Mayor's Court
• Hertford CoR
• High Wcome CoR
• Huntingdon Court of Pleas
• Hythe CoR
• Ipswich Court of Small Please
• King's Lynn Guildhall Court
• Kingston upon Thames CoR
• Kirkby-in-Kendal CoR
• Lancaster Borough Court of Pleas
• Launceston CoR
• Leicester CoR
• Leominster CoR
• Lichfield CoR
• Lincoln Borough Mote Court and Court for Foreigners
• Liskead Court of Record
• Llandovery Bailiff's Court
• Lyme Regis Court of Hustings
• Macclesfield Hundred Court
• Maidenhead Court of Record
• Maidstone Court of Please
• Marlborough Mayor's or King's Court
• Monmouth Borough Court
• Neath Court of Pleas
• Newark CoR
• Newbury Court of Record
• Newcastle-under-Lyme Court of Record
• Newcastle upon Tyne Burgess and Non-Burgess Courts
• Newport (Isle of Wight) Court of Record
• Newport (Monmouthshire) Court of Record
• Northampton Court of Record
• Norwich Court of Pleas
• Nottingham Court of Record
• Oxford Court of Husting
• Oxford Mayor's Court
• Pembroke Mayor's Fortnight Court
• Penryn Court of Record
• Penzance Court of Record
• Plymouth Mayor's Court
• Pontefract Courts
• Poole Court of Record
• Portsmouth Court of Record
• Preston Court of Pleas
• Reading Borough Court of Pleas
• Retford (East) Court of Record
• Ripon Borough Court
• Rochester Court of Portmote
• Romsey Court of Record
• Ruthin Court of the Lordship
• St. Albans Court of Record
• St. Ives (Cornwall) Court of Record
• Salisbury Bishop's Court
• Scarborough Court of Pleas
• Shaftesbury Court of Record
• Shrewsbury Court of Record
• Southampton Court of Record
• Southwark Court of Record
• Southwold Court of Record
• Stafford Court of Record
• Stockport Court of Portmanimote
• Stratford-upon-Avon Court of Record
• Swansea Court of Record
• Tamworth Court of Record
• Tenby Court of Record
• Totnes Court of Record
• Truro Court of Record
• Wallingford Court of Record
• Walsall Court of Record
• Wells Court of Record
• Welshpool Court of Record
• Weymouth and Melcome Regis Court of Record
• Wigan Court of Pleas
• Winchester City Town Court
• Windsor Record Court
• Worcester Court of Record
• York Court of Record

Schedule 28

Schedule 30: Repeals

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