The Local Authorities etc. (Miscellaneous Provision) (No. 5) Order 1974

• Citation: S.I. 1974/2044
• Sections: 9

Section 1 Title and commencement

This order may be cited as the Local Authorities etc. (Miscellaneous Provision) (No. 5) Order 1974 and shall come into operation on 31st December 1974.

Section 2 Interpretation

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

(2) In this order “ the Act ” means the Local Government Act 1972.

(3) In this order—

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

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

Section 3 Miscellaneous amendments of public general Acts

(1) In the Water Act 1945, in Schedule 1 (procedure for making orders)—

(a) in paragraphs 3(i) and 12(i), for “county or district comprised wholly or partly in the area affected by the order” there shall be substituted “county or district affected by the order” ;

(b) in paragraphs 4 and 13, for “counties and districts comprised wholly or partly in the area affected by the order” there shall be substituted “counties and districts affected by the order” ; and

(c) paragraphs 10 and 19 (which define “area affected by the order”) are hereby repealed.

(2) In the Water Act 1958, in Schedule 1 (procedure for making orders), for sub-paragraph (2) of paragraph 1, other than item (c) thereof, there shall be substituted—

(2) The applicants shall also cause a notice of the application to be published—

(a) in one or more local newspapers circulating within that part of the limits of supply of the applicants which would be affected by the order,

(b) in one or more local newspapers circulating within that part of the limits of supply of any other statutory water undertakers which would be affected by the order, and

(3) In the London Government Act 1963, in section 21(1) (councils of London boroughs to be local authorities for housing purposes) and in paragraph 14 of Schedule 8 (application of the Small Dwellings Act 1899 to the London boroughs and the City of London), for “county borough” , wherever occurring, there shall be substituted “district” .

(4) In the Road Traffic Act 1972, section 38(4) and Schedule 2 are hereby repealed.

(5) In the Road Traffic Act 1974, section 8(2)(a) and (c) are hereby repealed.

Section 4 Miscellaneous provision as to instruments

(1) The Local Government (Allowances for Attendance at Road Safety Conferences) Regulations 1971 are hereby revoked.

(2) In the Local Authorities (England) (Property etc.) Order 1973

in article 11, in paragraphs (2) and (3) after “9” ;

in article 17(4) as amended by the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974 after “16A” ; and

in articles 28(1), 29(1) and (2), 32 and 38, after “this order” ,

and in the Local Authorities (Wales) (Property etc.) Order 1973 –

in article 11, in paragraphs (2) and (3), after “9” :

in article 17(4) as amended by the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974 after “16A” ; and

in articles 27(1), 28(1) and (2), 31 and 37, after “this order” ,

there shall be inserted “or by any provision of any order by which this article is applied” .

(3) In the Local Authorities etc. (England) (Property etc.: Further Provision) Order 1974, in article 9 (Sales, etc., and development of land), in the Table in paragraph (3)—

(a) in the 5th entry in column (2) “, and the parish authority of any parish,” shall be omitted; and

(b) after such 5th entry there shall be inserted—

In the case of any borough or urban district within whose area a parish has, or parishes have, been constituted under Part V of Schedule 1 to the Act, the council or councils of such parish or parishes.

In the case of any rural district, the parish authority of any parish in which the land is situated.

(4) In the Local Authorities etc. (Staff Transfer and Protection) Order 1974 , in article 14 (secondary transfers) for “before 1st January 1975 or the expiration of 2 months from the service upon him of the statement of new terms and conditions of employment under article 13, whichever as the later,” there shall be substituted “before 1st August 1975,” .

Section 5 Statutes of University of Hull

(1) The amendments set out in paragraphs (2) to (6) of this article shall be made in the Statutes of the University of Hull.

(2) In Section 13 (The Court), sub-section (1)—

(a) for Class 3 there shall be substituted—

Class 3. Representatives Appointed by Public Authorities

(a) Three representatives appointed by the County Council of Humberside.

(b) One representative appointed by each of the County Councils or Lincolnshire, North Yorkshire and South Yorkshire.

(c) Ten representatives appointed by the District Council of Kingston upon Hull.

(d) Five representatives appointed by the District Council of East Lindsey.

(e) Three representatives appointed by each of the district councils of Beverley, Doncaster, Holderness, Ryedale and Scarborough.

(f) Two representatives appointed by each of the district councils of Glanford, Grimsby, Lincoln, North Wolds, West Lindsey and York.

(g) One representative appointed by each of the district councils of Boothferry, Cleethorpes, Scunthorpe and Selby.

(h) Representatives not exceeding seventeen in number of such other Public Authorities in the five Counties as the Court may from time to time determine.

(b) in Class 5

(i) for “City and County of Kingston upon Hull” there shall be substituted “District of Kingston upon Hull” ;

(ii) for “the three Counties” , there shall be substituted “the five Counties” ;

(c) for Class 6 there shall be substituted—

Class 6. Ex Officio Members

(a) The Lord-Lieutenants of the Counties of Humberside, Lincolnshire and North Yorkshire.

(b) The Right Honourable the Lord Mayor of York.

(c) The Mayors of Doncaster, Grimsby and Lincoln.

(d) The Chairman of the District Council of Kingston upon Hull.

(e) The Chairman of the County Council of Humberside.

(f) The Town Clerk and Chief Executive of Kingston upon Hull.

(g) The Chairmen of the education committees of the County Councils of Humberside, Lincolnshire and North Yorkshire and the Borough Council of Doncaster.

(h) The chief education officers of the County Councils of Humberside, Lincolnshire and North Yorkshire and the Borough Council of Doncaster.

(i) The Master of St. John's College, Cambridge.

(d) in Classes 9 and 11 for “the three Counties” there shall be substituted “the five Counties” .

(3) In Section 13, sub-section 3(e), for “City and County of Kingston upon Hull” there shall be substituted “District of Kingston upon Hull” .

(4) In Section 16 (The Council), sub-section 1, for Class 3 there shall be substituted—

Class 3. Members to be appointed by Public Authorities as under:

(a) Four by the County Council of Humberside.

(b) Two by the District Council of Kingston upon Hull.

(c) One by the Borough Council of Beverley.

(5) In Section 30 (Ordinances), sub-section 1(p), for “the three Counties” there shall be substituted “the five Counties” .

(6) In Section 36 (Interpretation) for sub-section 1 there shall be substituted—

(1) For these Statutes wherever the phrase “ the five Counties ” is used the phrase means the Counties of Humberside, Lincolnshire, North Yorkshire, South Yorkshire and West Yorkshire.

Section 6 Franchise and prescriptive rights

The power to hold a fair in Underhill, Portland exercisable immediately before 1st April 1974 by the urban district council of Portland shall be exercisable by the Parish Council of Portland, and the said Parish Council shall have the same powers in relation to the said fair as were exercisable immediately before 1st April 1974 by the said urban district council.

Section 7 Romsey Cemetery

(1) In relation to the Romsey Cemetery the functions conferred by section 214 of, and Schedule 26 to, the Act shall be exercised by the District Council of Test Valley.

(2) All property and liabilities vested in the Parish Councils of Romsey and Romsey Extra for the purposes of such functions shall by virtue of this order be transferred to and vest in or attach to the said District Council, and—

(a) all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the said Parish Councils in respect of such property or liabilities shall be of full force and effect in favour of, or against, the said District Council; and

(b) any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the said Parish Councils in respect of such property or liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the said District Council.

Section 8 Property, liabilities, contracts, etc., notices and proceedings

(1)

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

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

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

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

(c) This paragraph does not extend to Wales.

(2)

(a) This paragraph applies to any sewage disposal works which before 1st April 1974—

(i) had been constructed by a specified council only for the purposes of draining property belonging to them (or had been so constructed by any other person and had come to belong to a specified council); and

(ii) had not been declared to vest in the local authority for the purposes of the Public Health Act 1936;

and which are immediately before the coming into operation of this order vested in an authority established in accordance with section 2 of the Water Act 1973 (in this paragraph referred to as “ the water authority ”).

In this sub-paragraph, “ specified council ” means the corporation or council of a county borough, London borough or county district, the Greater London Council or the Corporation of the City of London.

(b) Any sewage disposal works to which this paragraph applies and all liabilities attaching to the water authority in respect of such works shall by virtue of this order be transferred to and vest in or attach to the authority in whom such works were vested immediately before 1st April 1974 or if such authority has ceased to exist the authority in which the property described in item (i) of sub-paragraph (a) is vested, and—

(i) all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the said water authority in respect of such works or liabilities shall be of full force and effect in favour of, or against, the authority described in this sub-paragraph; and

(ii) any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the water authority in respect of such works or liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the authority described in this sub-paragraph.

(3) All property and liabilities at the commencement of this order vested in the Parish Council of Londonthorpe and Harrowby Without (hereinafter referred to as “ the Parish Council ”) , or in that council and the District Council of South Kesteven (so referred to as “ the District Council ”) jointly, for the purposes of the functions conferred by section 214 of the Act shall by virtue of this order be transferred to and vest in or attach to the District Council, and—

(a) all contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the Parish Council, or that council and the District Council jointly, in respect of such property or liabilities shall be of full force and effect in favour of, or against, the District Council; and

(b) any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the Parish Council, or that council and the District Council jointly, in respect of such property or liabilities shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the District Council.

(4) All property and liabilities vested in or attaching to the Charter Trustees of the Town of Lowestoft shall by virtue of this order be transferred to and vest in or attach to the District Council of Waveney.

All contracts, deeds, bonds, agreements and other instruments subsisting in favour of, or against, and all notices in force which were given (or have effect as if they had been given) by, or to, the said Trustees shall be of full force and effect in favour of, or against, the said District Council.

Any action or proceeding or any cause of action or proceeding, pending or existing immediately before the coming into operation of this order, by, or against, the said Trustees shall not be prejudicially affected by reason of this article, and may be continued, prosecuted and enforced by, or against, the said District Council.

Section 9 Accounts of rural district council of St. Thomas

(1) In relation to the accounts of the rural district council of St. Thomas or of the committees or officers thereof, any action which if the Act had not been passed would have fallen to be taken by such council shall be taken by the District Council of Teignbridge.

(2) If at any audit of the accounts of the said rural district council or of the committees and officers thereof any sum is certified by a district auditor as due from any person, that sum shall be paid to the said District Council.