The Local Government Area Changes Regulations 1976

• Citation: S.I. 1976/246
• Sections: 129

Section 1 Title and commencement

These regulations may be cited as the Local Government Area Changes Regulations 1976 and shall come into operation on 29th March 1976.

Section 2 Application: extent of exercise of powers

These regulations make incidental, consequential, transitional or supplementary provision for the purposes or in consequence of orders made under Part IV of the Local Government Act 1972 by the Secretary of State for the Environment or the Secretary of State for Wales, or both, or under paragraph 7 of Schedule 10 to the said Act by the Secretary of State for Wales, and are made—

by the Secretary of State for the Environment in so far as they are made in relation to orders made by him;

by the Secretary of State for Wales in so far as they are made in relation to orders made by him; and

by both such Secretaries in so far as they are made in relation to orders made by both.

Section 3 Interpretation

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

(2) In these regulations—

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

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

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

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

“ the City ” means the City of London ;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Section 4 Coming into operation of order

(1) The following are purposes for which the order shall come into operation on such day earlier than the appointed day as may be specified therein—

(a) the application of sections 39 and 40 of the Local Government Act 1972;

(b) the preparation or the alteration of any register of electors under the Representation of the People Acts;

(c) any local government election under the said Acts or the Local Government Act 1972 for any area consisting of or comprising any area established or altered by the order and proceedings preliminary or relating thereto;

(d) any action under Part IV of, or Schedule 9 or 10 to, the Local Government Act 1972 in relation to electoral areas;

(e) the constitution of any body established by the order and proceedings preliminary or relating to the first meeting thereof;

(f) the annual assembly of any parish meeting;

(g) the making of any scheme under regulation 67 or 68;

(h) the appointment of any officer or the taking of any other action, and the incurring of any expenditure in relation thereto, by any authority to ensure their effective operation as from the appointed day;

(i) the alteration of any valuation list to take effect on the appointed day, the preparation or revision of any estimate of the product of a rate of a new penny in the pound, the preparation or service of any precept to be made in respect of a period commencing on the appointed day and the preparation or approval of any rate to be made in respect of a period commencing on the appointed day; and

(j) any provision of these regulations or of the order which expressly refers to the coming into operation of the order or requires or enables action to be taken before the appointed day.

(2) If new valuation lists are to come into force on the appointed day, and the order comes into operation more than 5 months before that day, in item (i) of paragraph (1) for the first 13 words there shall be substituted “the preparation of any valuation list to come into force on the appointed day,” .

(3) Nothing in this regulation authorises the appointment of the chief officer of a new fire brigade to take effect before the appointed day.

Section 5 Maps

(1) A print of any map referred to in the order shall be deposited in the offices of the Secretary of State.

(2) A print of any such map shall be deposited—

with the council of any district or London borough affected by the changes of areas made by the order;

where the City is so affected, with the Common Council;

where the Inner Temple is so affected, with the Sub-Treasurer; and

where the Middle Temple is so affected, with the Under Treasurer.

A print deposited under this paragraph shall at all reasonable times be open to inspection by any person affected by the changes of areas made by the order, and on payment of a reasonable fee (to be determined by the body with whom the print is deposited) any such person shall be entitled to a copy of or an extract from it, certified by the proper officer of such body to be a true copy or extract, which shall be received in all courts of justice and elsewhere as prima facie evidence of the contents of the map as regards the changes of areas made by the order.

(3) In addition—

(a) prints shall be supplied to—

(i) the councils of the counties affected by the order or if Greater London is affected the Greater London Council;

the Commissioners of Inland Revenue;

the Secretary of State for Employment;

the Secretary of State for Industry;

the Secretary of State for Prices and Consumer Protection;

the Treasury Valuer;

the Boundary Commission for England or the Boundary Commission for Wales;

the Registrar General;

Ordnance Survey; and

the Land Registry.

(ii) if the map is relevant to any changes in the boundaries of districts or London boroughs, or the City, the Inner Temple or the Middle Temple, the Secretary of State for Social Services;

(b) if the map is relevant to any change in the boundaries of a parish, a print thereof, or an extract therefrom, shall be supplied to the parish authority;

(c) if the map is relevant to any change in the boundaries of a community having a community council, a print thereof, or an extract therefrom, shall be supplied to that council.

(4) Any print or extract supplied under ( b ) or ( c ) of paragraph (3) shall be deposited with the records of the parish or community.

Section 6 Mereing of boundaries

The boundaries established by the order shall be mered by Ordnance Survey. Any boundary defined on any map referred to in the order by reference to proposed works shall, if such works have not been executed at the time of the completion of the first survey including such boundary made after the coming into operation of the order for a new edition of Ordnance Survey large scale plans, be mered as if the boundary had not been so defined.

Section 7 General continuance of matters

Subject to the other provisions of these regulations, any of the following things done or treated by virtue of any enactment as having been done by, or to, or in relation to, any authority from whom any area is transferred by the order in connection with the discharge of any of their functions in relation to such area, that is to say—

any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority;

any notice or direction given or treated as given by, or to, such an authority;

any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by, or to, such an authority;

any application, proposal or objection made or treated as made by, or to, such an authority;

any condition or requirement imposed or treated as imposed by, or on, such an authority; or

any appeal allowed by, or in favour of, or against, such an authority,

shall, as from the appointed day, be treated as having been done by, to, or in relation to, the authority by whom the functions become exercisable in the area on and after that day by virtue of the order, and any such thing shall as from that day have effect as if any reference therein to the first-mentioned authority were a reference to the authority secondly mentioned.

Section 8 Councillors

(1) Any person in office at the appointed day as councillor for any electoral area which is altered by the order shall represent the area as altered until the date on which he would have retired if the order had not been made. Any casual vacancy which exists at the coming into operation of the order or occurs before the appointed day in the office of councillor for any such area shall (except where notice of the election has at the coming into operation of the order already been given) be deemed to have arisen in the representation of the area as altered. Where notice of the election has at the coming into operation of the order already been given the person elected shall represent the area as altered until the date on which he would have retired if the order had not been made.

(2) In relation to the qualification of any person to be elected and to be a member of any county council, district council, London borough council, parish council or community council, of the Greater London Council or the Common Council, or of any committee, joint board or joint committee, the order shall be deemed, for the purposes of section 79 of the Local Government Act 1972, to have been in operation during the whole of the twelve months preceding the relevant day within the meaning of that section.

(3) No person who remains in office after the appointed day as a member of any county council, district council, London borough council, parish council or community council, of the Greater London Council or the Common Council, or of any committee, joint board or joint committee, shall, during the term for which he remains in office, lose his qualification for being a member by reason of the changes of areas made by the order.

Section 9 Local government electors

If in relation to any election, parish meeting or community meeting for any area consisting of or comprising any area established or altered by the order the register of local government electors has not been prepared and published on the basis that the changes of areas made by the order had become operative, the registration officer shall make such alteration of the register as may be proper for the purpose of such election or meeting.

Section 10 Grouped parishes

(1) The provisions of this regulation shall have effect where parishes are grouped.

(2) There shall be a separate parish meeting for each parish.

(3) Where under the provisions of any enactment or instrument the consent of the parish meeting for a parish is required in respect of any act done, or proposed to be done, by a parish council, the consent of the parish meeting of each parish affected by the act shall be necessary in respect of such act done, or proposed to be done, by the common parish council.

(4) For the purposes of the application to the parishes of all or any of the provisions of section 37 of the Charities Act 1960 and of any of the provisions of the Local Government Act 1972 with respect to the custody of parish documents, so as to preserve the separate rights of each parish, the common parish council shall be deemed to be the separate parish council for each parish:

Provided that the consent of the parish meeting for any parish shall be required to any act of the common parish council under the said provisions which relates only to the affairs of that parish.

Section 11 Grouped communities

(1) The provisions of this regulation shall have effect where communities are grouped.

(2) For the purposes of the application to the communities of all or any of the provisions of section 37 of the Charities Act 1960 and of any of the provisions of the Local Government Act 1972 with respect to the custody of community documents, so as to preserve the separate rights of each community, the common community council shall be deemed to be the separate community council for each community.

Section 12 Dissolution of charter trustees

(1) The provisions of this regulation shall have effect where the city or town for which charter trustees have been constituted under subsection (4) of section 246 of the Local Government Act 1972—

(a) becomes a parish;

(b) becomes wholly comprised in a parish; or

(c) becomes wholly comprised in two or more parishes,

and the said subsection (4) therefore, in accordance with subsection (8) of the said section 246, ceases to apply to the city or town.

(2) Any reference in this regulation to “ the parish council ” shall be construed—

(a) in the cases described in ( a ) and ( b ) in paragraph (1), as a reference to the parish council for the parish so described;

(b) in the case described in ( c ) in paragraph (1), as a reference to the parish council specified in relation to this paragraph in respect of the city or town in the order.

(3) The charter trustees shall be dissolved.

(4) Any mayor or deputy mayor of the city or town shall cease to hold office as such.

(5) Any local officer of dignity appointed under paragraph (c) of the said subsection (4) shall hold office as if he had been appointed by the parish council.

(6) All property and liabilities vested in or attaching to the charter trustees shall by virtue of the order be transferred to and vest in or attach to the parish council.

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 charter trustees shall be of full force and effect in favour of, or against, the parish council.

Any action or proceeding or any cause of action or proceeding, pending or existing at the dissolution of the charter trustees, by, or against, the charter trustees shall not be prejudicially affected by reason of the dissolution, and may be continued, prosecuted and enforced by, or against, the parish council.

(7) The accounts of the charter trustees and of the committees and officers thereof shall be made up to the dissolution of the charter trustees and shall be audited in like manner and subject to the same incidents and consequences as if the charter trustees had not been dissolved:

Provided that where the audit is carried out by a district auditor the expression “the body in question” in section 161(2)(a) (orders for repayment of expenditure declared unlawful) and (4) (certification of sums not brought into account or losses) of the Local Government Act 1972 shall include the parish council.

(8) Any officer of the charter trustees shall be transferred to the employment of the parish council, and regulation 71 shall apply to such officer as it applies to officers transferred by regulation 70.

(9) In this regulation, “ city or town ” means an area for which charter trustees act under section 246(4) to (8) of the Local Government Act 1972 .

(10) This regulation applies only to England.

Section 13 Honorary freedoms

Nothing in the order shall affect the status of any person who is immediately before the appointed day an honorary freeman of any place being a London borough or a district having the status of a city, borough or royal borough or of any body which at such time enjoys privileges of a similar nature to honorary freedom of any such place.

Section 14 Honorary aldermen

Services rendered to any dissolved authority may be treated for the purposes of section 249(1) of the Local Government Act 1972 as services rendered to any principal council to whose area any area of the dissolved authority is transferred.

Section 15 Privileges or rights of inhabitants of cities and boroughs

Any privileges or rights belonging immediately before the appointed day, by virtue of the provision of any charter granted under section 245 of the Local Government Act 1972, to the inhabitants of the whole of any city or borough altered by the order shall belong to the inhabitants of the whole of the city or borough as altered.

Section 16 Appointments to bodies

(1) Any power to appoint any person to any body belonging to an authority in respect of any property or liability transferred by regulation 12 or 62 shall be transferred to the authority to whom such property or liability is transferred.

(2) Any other power to appoint any person to any body belonging to a dissolved authority shall be transferred to the residuary successor of that authority.

(3) In this regulation any reference to a power to appoint includes references to powers to elect or to nominate any persons for appointment.

Section 17 High sheriffs

(1) This regulation shall apply where an area is transferred from one relevant area to another such area, and in this regulation—

“ the transferred area ” means the area so transferred ; and

“ relevant area ” means a county or Greater London other than the City and the Temples .

(2) If any person is immediately before the appointed day qualified to be appointed high sheriff of a relevant area by reason of holding land in the transferred area, he shall continue to be so qualified for a period of two years from the appointed day.

(3) On or about the appointed day the high sheriff of the relevant area from which the transferred area is transferred shall perform all the duties required by section 28(1) of the Sheriffs Act 1887 to be performed by a high sheriff at the expiration of his term of office so far as they relate to persons or things in the transferred area and accordingly—

(a) that high sheriff shall transfer to the custody of the high sheriff of the relevant area to which the transferred area is transferred all documents relating to the transferred area; and

(b) any reference in that subsection, so far as it applies by virtue of this paragraph, to an incoming sheriff shall be construed as a reference to the high sheriff secondly mentioned in ( a ).

Section 18 Agency arrangements

(1) Any arrangements made under section 101 or 110 of the Local Government Act 1972 for the discharge of functions of one authority by another authority which would apart from the changes of areas effected by the order be in force on and after the appointed day throughout any relevant area altered by the order shall be in force throughout the area as altered.

In this paragraph, “ relevant area ” means a district, London borough, parish or community or the City, the Inner Temple or the Middle Temple .

(2) Any arrangements made under section 15 of the Water Act 1973 for the discharge by a relevant authority within the meaning of that section of functions of a water authority which would apart from the changes of areas effected by the order be in force on and after the appointed day throughout the area of the relevant authority or throughout so much of that area as is situated in the water authority's area shall be in force throughout the area of the relevant authority as altered or throughout so much of that area as is situated in the water authority's area, as the case may be.

Section 19 Justices

(1) The justices for any county or London commission area shall have jurisdiction in respect of anything done or omitted before the appointed day in an area transferred to the county or London commission area.

(2) The provisions of Part I of Schedule 1 shall have effect wherever an area is transferred from one petty sessions area to another such area. The provisions of Part II of that schedule shall have effect where a petty sessions area is abolished by the order. The provisions of Part III of that schedule shall have effect where a new petty sessions area is constituted by the order.

Section 20 Licensing

The permitted hours in licensed premises in an area transferred from any petty sessions area shall not be affected by, or by reason of, the changes of areas made by the order except by alteration by the licensing justices at a general annual licensing meeting or under the provisions of section 66 of the Licensing Act 1964.

Section 21 Police

(1) Where any area is transferred from a police area, the appropriate part of any register kept in pursuance of any enactment by the chief constable, the Commissioner of City of London Police or the Commissioner of Police of the Metropolis shall be transferred by him, as soon as may be after the appointed day, to such officer for the police area to which the area is transferred, and as from that day shall be deemed to form part of the corresponding register kept by such officer.

(2)

(a) This paragraph shall have effect in relation to any member of a police force transferred by the order, and in this paragraph “ the officer ” means such a person.

(b) Where a report or allegation is received before the appointed day from which it appears that the officer may have committed an offence against discipline, within the meaning of any regulations in force under section 33 of the Police Act 1964—

(i) if the police force from which the officer is transferred is to continue to exist on and after the appointed day, the chief constable of that police force may postpone the transfer of the officer for the purpose of facilitating the investigation of the matter and any disciplinary proceedings arising therefrom, including any appeal to the Secretary of State for the Home Department under section 37 of the Police Act 1964, and the provision of the order transferring him shall apply in the case of the officer as if for any reference therein to the appointed day there were substituted a reference to such day as may be determined by such chief constable after consultation with the chief constable of the police force to which the officer is transferred;

(ii) otherwise, any investigation and any disciplinary proceedings, including any such appeal, may be continued as if the alleged offence had been committed while he is a member of the police force to which he is transferred.

(3)

(a) This paragraph shall have effect in relation to any officer of a county council or a police authority employed for police purposes, including the purposes of section 81 of the Road Traffic Regulation Act 1967, and transferred by the order, and in this paragraph “ the officer ” means such a person.

(b) The officer shall, so long as he continues to be an officer or servant of the body to whom he is transferred and until he is served with a statement in writing referring to the order and specifying new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those which he enjoyed immediately before the appointed day.

(c) Paragraphs (2) to (11) of regulation 71 shall apply to the statement referred to in sub-paragraph (b) above with the substitution for the reference in paragraph (5) to paragraph (1) of a reference to sub-paragraph (b) above.

Section 22 Fire services

(1) This regulation shall have effect in relation to any member of a fire brigade transferred by the order, and in this regulation “ the officer ” means such a person.

(2) Where a report, complaint or other allegation is received before the appointed day from which it appears that the officer may have committed an offence against discipline, within the meaning of any regulations in force under the Fire Services Act 1947, then—

(a) if the fire brigade from which the officer is transferred is to continue to exist on and after the appointed day, the chief officer of that fire brigade may postpone the transfer of the officer for the purpose of facilitating the investigation of the matter and any disciplinary proceedings, including any appeal, arising therefrom, and the provision of the order transferring him shall apply in the case of the officer as if for any reference therein to the appointed day there were substituted a reference to such day as may be determined by such chief officer after consultation with the chief officer of the fire brigade to which he is transferred;

(b) otherwise, any investigation and any disciplinary proceedings, including any appeal, arising therefrom under any such regulations may be continued as if the alleged offence had been committed while he is a member of the fire brigade to which he is transferred and, accordingly, the said regulations shall have effect subject to any necessary modifications.

(3) The officer shall be transferred in the rank which he held immediately before the appointed day.

(4) Without prejudice to section 27(4) of the Fire Services Act 1947, in relation to an officer in whose case the Firemen's Pension Scheme for the time being in force under section 26 of the said Act had effect immediately before the appointed day subject to the modifications set out in section 27(3) thereof, the fire brigade from which he is transferred and the fire brigade to which he is transferred shall be treated as one for the purposes of section 27(2).

(5)

(a) The officer shall, so long as he continues to be a member of the fire brigade to which he is transferred and until he is served with a statement in writing referring to the order and specifying new terms and conditions of employment, enjoy terms and conditions of employment not less favourable than those which he enjoyed immediately before the appointed day.

(b) Paragraphs (2) to (11) of regulation 71 shall apply to the statement referred to in sub-paragraph (a) above with the substitution for the reference in paragraph (5) to paragraph (1) of a reference to sub-paragraph (a) above.

Section 23 Education

(1) The managers or governors of any school in any area transferred by the order shall (unless a new instrument of management or instrument of government is made for the school) remain in office until the date on which they would have retired if the order had not been made.

(2)

(a) This paragraph shall apply where an area is transferred from the area of one local education authority to the area of another such authority and in this paragraph—

“ the specified enactments ” means sections 50, 61(2) and 81 of the Education Act 1944, section 6 of the Education (Miscellaneous Provisions) Act 1953 and sections 1 and 2 of the Education Act 1962;

“ the transferor authority ” means the local education authority from whose area the area is transferred; and

“ the transferee authority ” means the local education authority to whose area the area is transferred.

In the application of this paragraph to a county, district or London borough regulation 3(4) shall apply.

(b) Any instrument made by the transferor authority in connection with the discharge of any of their functions, and any other thing done by, to or in relation to such authority in connection therewith, shall in relation to the area transferred be treated as having been made by, or done by, to or in relation to, the transferee authority, and any instrument relating to the exercise of those functions, or to things done in their exercise, or to property held or maintained for the purposes of those functions, shall so far as it relates to such area have effect as if any reference to the transferor authority or their area were a reference to the transferee authority or their area.

This sub-paragraph does not extend to any byelaws or order to which paragraph (6) or (7) of regulation 62 applies.

(c) Where, in the case of any grant made before the appointed day under any of the specified enactments by the transferor authority in respect of a pupil who has not completed his course by the appointed day, the transferee authority would, if the changes of areas made by the order had been made at the date of the making of the grant, have been the appropriate authority to make it, it shall be the duty of such authority to make the remaining payments in pursuance of that grant, subject to the same conditions, if any, as to satisfactory work, financial need or other matters as were attached to the grant or as would be attached to the grant by such authority, whichever are the most favourable.

Section 24 Charities

(1)

(a) The provisions of this paragraph shall have effect in relation to property held, immediately before the appointed day, as sole trustee, exclusively for charitable purposes, by any authority described in column (1) of the following table affected by the order.

(b) Where such property is held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area the whole or the greater part of which is transferred from the authority so described to an authority specified in respect thereof in column (2), that property shall be virtue of this paragraph be transferred to and vest (on the same trusts) in the authority so specified.

(c) Where the authority so described is dissolved any other property to which this paragraph applies shall by virtue of this paragraph be transferred to and vest (on the same trusts) in the authority specified in respect of such authority in column (2) to whom the whole or the greater part of the area of the first-mentioned authority is transferred.

TABLE

1. In relation to property held by the council of a non-metropolitan county or a metropolitan district for the purposes of a charity which, before 1st February 1974, was registered in the register established under section 4 of the Charities Act 1960 in any part of that register maintained by the Secretary of State for Education and Science or the Secretary of State for Wales by virtue of section 2 of that Act, the first and second entries in column (2) shall have effect with the substitution for references to the council of another county or the council of another district of references to the council of a non-metropolitan county or of a metropolitan district.

2. The entries in respect of the Inner London Education Authority shall have effect only in relation to property held by that Authority for the purposes of a charity registered as specified in paragraph 1.

3. In relation to property held by the corporation or council of an outer London borough for the purposes of a charity registered as so specified, the last entry in column (2) shall have effect with the substitution for the corporation or council of any inner London borough of the Inner London Education Authority.

(d) All liabilities attaching to any authority in respect of any property transferred by sub-paragraph (b) or (c) shall by virtue of this paragraph be transferred to and attach to the authority to whom such property is transferred.

(e) 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 first mentioned in sub-paragraph (d) in respect of any property transferred by sub-paragraph (b) or (c), or in respect of liabilities transferred by sub-paragraph (d), shall be of full force and effect in favour of, or against, the authority to whom such property and liabilities are transferred.

(f) Any action or proceeding or any cause of action or proceeding, pending or existing at the appointed day, by, or against, the authority first mentioned in sub-paragraph (d) in respect of any property transferred by sub-paragraph (b) or (c), or in respect of liabilities transferred by sub-paragraph (d), shall not be prejudicially affected by reason of this paragraph, and may be continued, prosecuted and enforced by, or against, the authority to whom such property and liabilities are transferred.

(2)

(a) Where, immediately before the appointed day, any power with respect to a charity, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, an authority to whom paragraph (1)(b) or (c) applies, that power shall vest in, or in the holder of the corresponding office connected with, the authority in whom, had property of the charity been vested in the first-mentioned authority, that property would have been transferred by paragraph (1).

(b) If there is no corresponding office the power shall vest in the authority described in sub-paragraph (a).

(3)

(a) References in paragraph (2) to a power with respect to a charity do not include reference to a power of any person by virtue of being a charity trustee thereof, but where under the trusts of any charity, not being a charity incorporated under the Companies Acts or by charter, the charity trustees immediately before the appointed day include either an authority to whom paragraph (1(b) or (c) applies or the holder of an office connected with such an authority, those trustees shall instead include the authority specified in paragraph 2(a) or, as the case may require, the holder of the corresponding office connected with that authority.

(b) If there is no corresponding office, the charity trustees shall include the person appointed for that purpose by the authority.

(4)

(a) Where, immediately before the appointed day, any power with respect to a charity to which paragraphs (1) to (3) do not apply, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, the local authority of any area affected by the order, that power shall be exercisable, if the Charity Commissioners so direct, by such other authority or persons as may be specified in the direction.

(b) In this paragraph, “ local authority ” includes a parish meeting, the Common Council, the Honourable Society of the Inner Temple or the Honourable Society of the Middle Temple.

(5) Nothing in this regulation shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity.

Section 25 Commons

(1) Any agreement under section 2(2) of the Commons Registration Act 1965 (one council to be registration authority for land which spans the boundaries of counties or Greater London) which is in force immediately before the appointed day in relation to any common affected by the changes of areas effected by the order shall cease to have effect, without prejudice to the making of a new agreement under the said subsection.

(2) Where any common regulated by a scheme under the Commons Act 1899 is transferred from one district or London borough to another such area, any functions under the scheme of the council of the district or London borough from which the common is transferred shall be exercised by the council of the district or London borough to which the common is transferred.

(3) Where any common so regulated—

(a) is immediately before the appointed day comprised in a single district or London borough; and

(b) comes on the appointed day to be comprised in two or more districts or London boroughs,

any functions under the scheme of the council of the area described in (a) shall be exercised by the council of the area described in (b) in which the greater part of the common is situated unless all such councils agree that they shall be exercised by the council of any other such area.

Section 26 Food and drugs

(1) This regulation shall apply wherever an area is transferred from the area of one food and drugs authority or local authority under the Food and Drugs Act 1955 to the area of another such authority, and in this regulation—

“ the transferor authority ” means the food and drugs authority or the local authority, as the case may be, from whose area the area is transferred; and

“ the transferee authority ” means the food and drugs authority or the local authority, as the case may be, to whose area the area is transferred.

In the application of this paragraph to a country, district or London borough regulation 3(4) shall apply.

(2) Anything duly done before the appointed day in the area transferred by, to or in relation to the transferor authority or an authorised officer of such authority in the exercise of any function under the said Act or regulations having effect thereunder shall be deemed to have been duly done by, to or in relation to the transferee authority or, as the case may be, an authorised officer of such authority, and any instrument made in the exercise of such functions in force immediately before the appointed day shall continue in force on and after that day until varied or revoked in relation to the area transferred in the exercise of such functions by the transferee authority.

Section 27 Social services

(1) This regulation shall apply where an area is transferred from the area of one local authority for the purposes of the Local Authority Social Services Act 1970 to the area of another such authority and in this regulation “ the transferred area ” means the area so transferred and—

“ the transferor authority ” means the authority for the purposes aforesaid from whose area the area is transferred; and

“ the transferee authority ” means the authority for the purposes aforesaid to whose area the area is transferred.

In the application of this paragraph to a county, district or London borough regulation 3(4) shall apply.

(2) The transferee authority shall be authorised to continue to provide in the transferred area any services, accommodation and facilities which the transferor authority were required or authorised to provide in such area immediately before the appointed day under the enactments specified in the first column of Schedule 1 to the said Act and the other enactments conferring functions designated under section 2(2) of that Act as being appropriate for discharge by a local authority's social services committee.

(3) Where any person is immediately before the appointed day deemed under section 24(5), 24(6) or 29(7) of the National Assistance Act 1948 to continue to be ordinarily resident in the area of the transferor authority by reason of having been ordinarily resident in the transferred area immediately before entering residential accommodation, becoming a patient in hospital, or being accepted for work, as the case may be, that person shall be deemed on and after the appointed day to be ordinarily resident in the area of the transferee authority.

Section 28 Family practitioner services

The provisions of Schedule 2 shall apply wherever an area is transferred from the area of one area health authority to the area of another such authority.

Section 29 Mental health

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

“ the Act of 1959 ” means the Mental Health Act 1959;

“ dissolved authority ” means a local authority dissolved by the order;

“ local authority ” means the local authority for the purposes of the Local Authority Social Services Act 1970 for a relevant area; and

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

(2) Anything duly done before the appointed day for the purposes of any provision of the Act of 1959 by or in relation to the local authority from whose area any area is transferred, or a mental welfare officer appointed by them, in relation to any person in the transferred area shall not be affected by the changes of areas made by the order but may be continued by or in relation to the local authority to whose area the transferred area is transferred, or a mental welfare officer appointed by them; as the case may be.

(3) Where immediately before the appointed day a patient is in the guardianship under the Act of 1959 of a dissolved authority his guardianship shall vest in the local authority for the area comprising the place where he resided immediately before he was received into guardianship or if that place cannot with reasonable diligence be ascertained, or is disputed, in such local authority as shall have been designated by the dissolved authority (or is designated by the residuary successor of that authority), and—

(a) in the case of a patient subject to guardianship by virtue of a guardianship application, the provisions of Part IV of the Act of 1959 shall apply to him as if the application for his reception into guardianship had been for his reception into the guardianship of that local authority and had been accepted at the time when it was originally accepted;

(b) in the case of a patient subject to guardianship by virtue of a guardianship order, the provisions of Part IV of the Act of 1959 shall apply to him as if the order by virtue of which he is subject to guardianship were an order placing him under the guardianship of that local authority.

(4) Any order made by a county court under section 52 of the Act of 1959 directing that the functions under Part IV of that Act of the nearest relative of a patient shall be exercisable by a dissolved authority shall have effect as if it had directed those functions to be exercised by the local authority in whose area the patient resided on the appointed day, or if he is then in hospital by the local authority in whose area on that day the place at which he was resident immediately before he was admitted to hospital is situated.

(5) For the purposes of regulation 26 of the Mental Health (Hospital and Guardianship) Regulations 1960 a patient in hospital at the time when his age is to be determined who resided before the date of his admission to hospital in the transferred area shall be deemed to have resided at that time in the area of a local authority to which the transferred area is transferred.

Section 30 Infectious disease notification

Any order made or having effect as if made under section 147 of the Public Health Act 1936 or section 52 of the Health Services and Public Health Act 1968 in force immediately before the appointed day throughout a relevant area which is altered by the order shall apply to such area as altered.

In this regulation, “ relevant area ” means a district or London borough or the City, the Inner Temple or the Middle Temple.

Section 31 Registration service

Any reference in any scheme made under section 14 of the Registration Service Act 1953 or article 4 of the Local Government (Registration Service) Order 1973 to a relevant area which is altered by the order shall be read as a reference to such area as altered.

Any such reference to a relevant area which is abolished by the order shall cease to have effect.

In this regulation, “ relevant area ” means a county, district, London borough, parish or community, the City, the Inner Temple or the Middle Temple, or any ward of a district, London borough, parish or community or the City.

Section 32 Marriages: registration of births and deaths

(1) Nothing in the order or in any scheme made in accordance with any provision thereof shall affect the validity of any certificate or licence issued or notice given under the Marriage Act 1949 (hereinafter referred to as “ the Act of 1949 ”) before the appointed day. A marriage solemnised on or after that day in any registration district altered or established in consequence of the order on the authority of such a certificate or licence shall not be void, and a person solemnising a marriage in accordance with paragraph (2)(b)(iii) shall not be guilty of an offence under section 75 of the Act of 1949, by reason of the fact that the marriage is solemnised in an office other than that specified in the notice of marriage or certificate.

(2) Where notice of marriage is given before the appointed day to any superintendent registrar whose district will be altered or abolished on that day, and the marriage has not been solemnised before that day, the following provisions shall apply—

(a) Where the district is altered, the provisions of the Act of 1949 with regard to the issue of a certificate or a certificate and licence shall apply as if the alteration had not taken place;

(b) Where the district is abolished, the notice shall have effect as if it had been given to the superintendent registrar designated by the Registrar General for the purposes of section 15(1) of the Registration Service Act 1953 as the successor to the superintendent registrar whose district is abolished (which successor is hereinafter referred to as “ the succeeding superintendent registrar ”) and—

(i) the succeeding superintendent registrar shall cause any notice or exact copy of the particulars entered in the marriage notice book, required to be displayed under section 31(1) of the Act of 1949, to be affixed in some conspicuous place in his office from the appointed day for any unexpired portion of the period mentioned in the said section 31(1);

(ii) the succeeding superintendent registrar, and any other superintendent registrar so empowered by the Act, of 1949, may, in accordance with the provisions of that Act, issue his certificate or, as the case may be, his certificate and licence for the solemnisation of the marriage notwithstanding that the building in which the marriage is to be solemnised is not within his district or within the district within which one of the persons to be married has resided; and

(iii) the succeeding superintendent registrar may arrange for the solemnisation of the marriage in his office where the persons to be married had stated in the notice that they wished to be married in the office of the superintendent registrar to whom the notice was given.

(3) For the purposes of any notice of marriage to be given on or after the appointed day the alteration or the establishment of any registration district by the order or any scheme made in accordance with any provision thereof shall be deemed to have taken effect 32 days before the appointed day.

(4) The superintendent registrar of any district which will be abolished on the appointed day shall for one month before that day display in a conspicuous position in his office and inform every person giving notice of marriage the name and address of the succeeding superintendent registrar.

(5) Nothing in the order or in any scheme made in accordance with any provision thereof shall prejudice or affect the registration of any building for the solemnisation of marriages under section 41 of the Act of 1949 or the appointment of any person as an authorised person under section 43 of that Act.

(6) Where any birth (including a still-birth) or death occurring in any registration sub-district which is altered or abolished on the appointed day in consequence of the order has not been registered before that day, it shall be registered by the registrar of births and deaths for the sub-district in which is situated on that day the place of birth or death, as the case may be.

Section 33 Town and country planning

(1)

(a) This paragraph shall apply where any area is transferred from a county, district or London borough or from Greater London, the City, the Inner Temple or the Middle Temple.

(b) Any development plan scheme under section 10C of the Town and Country Planning Act 1971 shall cease to have effect in relation to the area transferred.

(c) Regulation 7 shall apply to anything required by the said Act to be done in the preparation or the submission for approval of any structure plan or local plan.

(d) That part of any definitive map and statement under Part IV of the National Parks and Access to the Countryside Act 1949 which relates to the area transferred shall be deemed to be the definitive map and statement for such area and to have been prepared by the surveying authority for the area to which such area is transferred.

(2) Any industrial development certificate under section 67 of the Town and Country Planning Act 1971 or office development permit under section 74 of that Act issued in respect of any land in a relevant area which is altered or abolished by the order shall continue on and after the appointed day to have effect as if the order had not been made.

In this paragraph, “ relevant area ” means a district or London borough or the City and the Temples.

Section 34 Clean air

Any order under section 11 of the Clean Air Act 1956 shall, in so far as it extends to an area transferred to a district or London borough, or to the City, the Inner Temple or the Middle Temple—

(a) if at the appointed day it has not been confirmed, be considered, and if confirmed come into operation and have effect;

(b) if at such day it has been confirmed but has not come into operation, come into operation and have effect;

(c) if at such day it has already come into operation, continue to have effect,

as if it had been made by the council of such district or London borough, or by the Common Council, the Sub-Treasurer or the Under Treasurer.

Section 35 Cemeteries

(1) Nothing in the order shall affect any right of burial, to construct a walled grave or vault or to place and maintain, or to put any additional inscription on, a tombstone or other memorial which any person may have acquired before the appointed day or affect the amount of any fee payable by him in respect of any such right.

(2) This paragraph shall have effect where an area (hereinafter referred to as “ the transferred area ”) is transferred by the order from an area for which a cemetery to which the Local Authorities' Cemeteries Order 1974 applies has been provided (hereinafter referred to as “ the cemetery area ”).

In the period of 25 years beginning on the appointed day—

(a) any inhabitant or parishioner of the transferred area shall be entitled to the same rights of burial as the inhabitants or parishioners of the cemetery area as altered;

(b) any provisions in relation to inhabitants or parishioners in any table of fees in force in respect of the cemetery shall apply to the inhabitants or parishioners of the transferred area as they apply to the inhabitants or parishioners of the cemetery area as altered;

(c) no differential charges shall be imposed on the inhabitants or parishioners of the transferred area.

(3) Subject to paragraph (2), any provisions in relation to inhabitants or parishioners of any area which is altered by the order in any table of fees in force in respect of any cemetery to which the Local Authorities' Cemeteries Order 1974 applies shall apply to the inhabitants or parishioners of the area as altered.

(4) In the area in which the Church of England was disestablished by the Welsh Church Act 1914 the references in this regulation to inhabitants and parishioners shall be read as references to inhabitants.

Section 36 Maintenance of highways

Where the council of a district altered by the order have, under section 187(2)(a) of the Local Government Act 1972, undertaken the maintenance of all the footpaths, bridleways and urban roads which are neither trunk roads nor classified roads in the district, the undertaking shall extend to all such highways in the district as altered.

Section 37 Road traffic and highways

(1) Subject to paragraph (2), the provisions of Schedule 3 shall have effect, and—

(a) the provision of regulation 7 shall not apply in relation to any matter as to which provision is made in any such provisions; and

(b) the provisions of regulation 62 shall not apply in relation to any matter as to which provision is made in paragraph 6 of the said Schedule.

(2) The provisions of paragraph 5 of the said Schedule shall not apply in relation to any matter for which provision is made in regulation 38.

Section 38 Private street works

(1) The provisions of this regulation shall apply wherever an authority (in this regulation referred to as “ the new street works authority ”) becomes the street works authority under Part IX of the Highways Act 1959 in place of another authority (in this regulation referred to as “ the former street works authority ”).

(2) In respect of any sum paid or secured under section 192 of the said Act before the appointed day the new street works authority shall be the street works authority for the purposes of sections 192 to 198 of the said Act.

(3) The changes of areas made by the order shall not affect any notices given or proceedings taken by, or on behalf of, the former street works authority under the code of 1892 (within the meaning of the said Act) in relation to the street, and such proceedings, and any works commenced under the said code, may be continued and completed, in accordance with the provisions of the said code, by the new street works authority as if they had given the notices, taken the proceedings or commenced the works.

(4) Where, at the appointed day, any works under the said code have been commenced but not completed in the street the new street works authority shall be entitled to recover—

(a) such of the expenses incurred by the former street works authority as that authority could have recovered under the said code; and

(b) such of the expenses incurred by themselves as the said authority could have recovered under the said code had they completed the works,

and the new street works authority shall have all such powers for the recovery of such expenses as they would have had if they had executed the whole of the works, and all the provisions of the said code shall apply accordingly.

(5) Where, at the appointed day, any works under the said code have been completed in the street the new street works authority shall have all such powers for the recovery of the expenses incurred in the execution of the works as they would have had if they had undertaken the works, and all the provisions of the said code shall apply accordingly.

(6) Paragraph (3) to (5) shall extend to notices, proceedings and works under sections 189 to 191 of the Highways Act 1959 or under any local Act to which article 7 of the Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974 applied, with the substitution, for any reference to the code of 1892, of a reference to the said sections or the local Act, as the case may be.

Section 39 Land registration

Where an area is transferred from a district in which registration of title to land under the Land Registration Acts 1925 to 1971 is compulsory on sale to another such district such registration shall continue to be compulsory.

Section 40 Statutory definitions of areas

(1)

(a) This paragraph applies to any provision of any Act or of any order, rules or regulations made by a Minister under any Act defining an area for any purpose wholly by reference to entire relevant areas.

In this sub-paragraph, “ relevant areas ” means —

(i) counties, districts, London boroughs, parishes and communities;

(ii) areas common to parishes or communities;

(iii) Greater London, the City, the Inner Temple and the Middle Temple;

(iv) electoral divisions of counties or of Greater London and wards of districts, London boroughs, parishes, communities and the City;

(v) the areas of former counties, boroughs, urban districts and rural districts;

(vi) any area described in (i) to (v) other than another such area;

(vii) any area described in (i) or (iii) other than an area expressly defined;

(viii) any part of an area described in (i) or (iv) defined wholly by reference to circumstances existing immediately before 1st April 1974;

(ix) any petty sessions area.

(b) In any provision to which this paragraph applies, subject to sub-paragraph (c)—

(i) any reference to any relevant area altered by the order shall be construed as a reference to such area as altered,

(ii) any reference to any relevant area abolished by the order shall cease to have effect, and

(iii) there shall be deemed to be included a reference to any county, district, London borough, parish or community formed by the order and wholly comprised in the area.

(c) Notwithstanding the provision of sub-paragraph (b), the extent of—

any district of a county court;

any bailiwick for which an under-sheriff acts;

any licensing planning area;

any area specified for the purposes of subsection (3) of section 76 of the Licensing Act 1964 in an order made under that subsection;

any area specified in regulations made under section 22(3) of the Gaming Act 1968;

any area specified in an order made under section 9(1) of the Protection of Birds Act 1954;

the order area of any order made under section 21 of the Town and Country Planning Act 1971;

the Metropolitan Police District; and

the Cheshire brine subsidence compensation district,

shall not be altered except by express provision in the order.

(2) Any provision of any Act or of any order, rules or regulations made under any Act defining an area for any purpose to which paragraph (1) does not apply shall not be affected by the order except by express provision therein.

(3) If the order alters any of the counties of Buckinghamshire, Essex, Hertfordshire and Kent the references to those counties in Schedule 1 to the Home Counties (Music and Dancing) Licensing Act 1926 as amended by section 204(7) of the Local Government Act 1972 shall be construed as a reference to those counties as altered.

Section 41 Local Acts, orders and byelaws—General

(1) This regulation shall apply to—

(a) any provision of any local Act,

any order made under any Act, or

any byelaws,

which would apart from the changes of areas effected by the order be in force on the appointed day throughout a relevant area;

(b) any provision of any Act other than a local Act which would be in force as aforesaid by reason of any application thereof by any Act, instrument or resolution,

other than—

(i) a provision relating to any railway, light railway, tramway, road transport, water transport, canal, inland navigation, ferry, dock, harbour, pier or lighthouse undertaking, any telephone undertaking, any market undertaking or any undertaking for the supply of electricity, gas, hydraulic power or district heating;

(ii) a provision relating to any person's status, or the right of any person to be admitted, as a freeman of any place or the rights of any person by virtue of any relationship or association with such a freeman;

(iii) a protective provision for the benefit of any person; or

(iv) a provision contained in the Green Belt (London and Home Counties) Act 1938.

(2) In this regulation, “ relevant area ” means a county, district, London borough, parish or community, Greater London, the City, the Inner Temple or the Middle Temple, the Metropolitan Police District or so much of a district as is not within the said District .

(3) Any provision to which this regulation applies in force immediately before the appointed day throughout a relevant area which is altered by the order shall be in force throughout the area as altered.

(4) Any provision to which this regulation applies in force throughout such relevant areas as may be specified in relation to this paragraph in the order shall be in force throughout the area so specified in relation to the areas specified.

(5) Subject to paragraphs (3) and (4), any provision to which this regulation applies shall cease to have effect in relation to any area transferred by the order.

(6) In any provision in relation to which paragraph (3) or (4) has effect any reference to a relevant area shall have effect as a reference to the area as altered or the area specified in accordance with paragraph (4), as the case may be.

(7) Nothing in this regulation shall apply to any provision applying to property held on a charitable trust.

Section 42 Local Acts and orders—Protective provisions

(1) Paragraphs (2) to (4) shall have effect in relation to protective provisions for the benefit of authorities described in column (1) of Part I or II of Schedule 4, or their predecessors, contained in any local Act or in any order made under any Act.

(2) Any such provision for the benefit of an authority described in column (1) of the said Part I, or their predecessors, so far as it relates to or affects an area specified in respect of such authority in column (2), shall enure to the benefit of the authority so specified in column (3).

(3) Any such provision for the benefit of an authority described in column (1) of the said Part II, or their predecessors, so far as it relates to or affects an area specified in respect of such authority in column (2), shall, if it is appropriate that it should enure for the benefit of the authority so specified in column (3), so enure.

(4) Any provision which under paragraph (2) or (3) enures in respect of any area shall in relation thereto be construed as if a reference to the authority specified in column (3) were substituted for any reference to the authority described in column (1) or their predecessors.

Section 43 Proceedings for the enforcement of byelaws

(1) Paragraphs (2) and (3) shall have effect in relation to proceedings which if the order had not been made might have been taken by an authority described in column (1) of Part I or II of Schedule 4 for any offence against any byelaw alleged to have been committed before the appointed day in an area specified in respect of such authority in column (2).

(2) Any such proceedings which might have been taken by an authority described in column (1) of the said Part I for any offence alleged to have been committed in an area specified in column (2) may be taken by the authority specified in respect of the first-mentioned authority in column (3).

(3) Any such proceedings which might have been taken by an authority described in column (1) of the said Part II for any offence alleged to have been committed in an area specified in column (2) shall, if it is appropriate that they should be taken by the authority specified in respect of the first-mentioned authority in column (3), be so taken.

Section 44 Compulsory purchase orders and other instruments

(1) Any order authorising the compulsory acquisition of land (hereinafter referred to as a “ compulsory purchase order ”), whether confirmed before the coming into operation of the order for the purposes mentioned in regulation 4(1) or submitted for confirmation before or after such coming into operation, may be amended by the Minister by whom it was confirmed, or by whom it falls to be confirmed, by the substitution, as the authority to be authorised to acquire the land comprised therein, or any part thereof, of such authority as seems to him to be appropriate, and thereafter the order shall have effect, or be considered and if confirmed have effect, accordingly.

(2) Any compulsory purchase order which has not been submitted to a Minister for confirmation before the appointed day may be so submitted by any authority, and any action which requires to be taken prior to the sub-mission of the order which has not already been taken shall be taken by such authority.

(3) Any instrument other than a compulsory purchase order which has been submitted to a Minister for confirmation before the appointed day may be amended by such Minister by the substitution of references to the whole or parts of one or more specified areas or of references to one or more specified authorities, and thereafter the instrument may be considered and if confirmed have effect accordingly.

(4) Any instrument which has not been submitted to a Minister for confirmation before the appointed day may be so submitted by a specified authority, and—

(a) any action which requires to be taken prior to the submission of the instrument which has not already been taken shall be taken by such authority; and

(b) paragraph (3) shall apply to such instrument as it applies to the instruments therein described.

(5) In paragraphs (3) and (4)—

“ instrument ” includes a draft scheme under section 30 of the Land Drainage Act 1961 ;

“ specified area ” means a county, district, London borough, water authority area or passenger transport area or Greater London, the City, the Inner Temple or the Middle Temple ; and

“ specified authority ” means a county council, district council, London borough council, water authority or passenger transport executive, or the Greater London Council, the Common Council, the Sub-Treasurer or the Under Treasurer .

Section 45 Instruments made by Ministers

Any instrument which has been made by a Minister before the appointed day may be amended by the appropriate Minister by the substitution of references to—

the whole or parts of one or more specified areas (as defined in regulation 44); or

one or more specified authorities (as so defined);

and thereafter the instrument shall have effect, or be proceeded with, accordingly.

In this regulation, “ the appropriate Minister ”, in relation to any instrument, means the Minister in charge of any government department concerned with the subject matter of the instrument, but the validity of any action shall not be affected by any question as to whether or not any Minister was the appropriate Minister for the purposes .

Section 46 Instruments subject to special parliamentary procedure

(1) Regulations 44 and 45 shall not apply to any instrument which at the appointed day is subject to the procedure regulated in the Statutory Orders (Special Procedure) Acts 1945 and 1965 until the completion of such procedure.

(2) In any such procedure—

(a) any notice given by a Minister that he desires that rights and functions conferred on him shall be exercisable by any authority shall have effect; but

(b) otherwise, the instrument subject to the procedure shall be dealt with as if the order had not been made.

Section 47 Inspection of parish and community books, etc

Any person shall at all times be entitled to the rights to which he would have been entitled if the order had not been made of inspecting and making extracts from the public books, writings and papers of a parish or community (including any photographic copies thereof) and all documents directed by law to be kept therewith.

Section 48 Registration—General

(1) Subject to paragraph (2), in this regulation—

“ register ” means any register under any enactment, rule, order or regulation and includes any index of local charities maintained under section 10 of the Charities Act 1960 ;

“ registration ” means inclusion in any register ; and

“ exemption ” means exemption from any obligation in respect of registration .

(2) This regulation does not extend to—

(a) any register of parliamentary and local government electors;

(b) any register of births, marriages or deaths;

(c) any register maintained under the Local Authorities' Cemeteries Order 1974;

(d) any register to which regulation 49 applies.

(3) Immediately before the appointed day the proper officer of any dissolved authority shall deliver any register of the authority to the proper officer of the following authority, namely—

(a) if the register is not appropriate for the residuary successor of the dissolved authority and is appropriate for one other authority only, to that authority;

(b) in any other case, to the residuary successor of the dissolved authority.

(4) As soon as may be after the appointed day the proper officer of any authority shall—

(a) send to the proper officer of any other authority a copy of every entry in any register of the authority by whom he is employed or received by him under paragraph (3)(b) which is appropriate for the register of that other authority; and

(b) incorporate or include in the appropriate register of the authority by whom he is employed, with any necessary modifications—

(i) the entries in the registers delivered to him under paragraph (3)(b) of which copies have not been sent, under ( a ), to the proper officer of any other authority; and

(ii) the particulars of every entry furnished to him under ( a ) in its application to the proper officer of any other authority,

and every entry so incorporated or included shall continue in force as fully and effectively as if it had originally been made in the register in which it is incorporated or included.

Where any register is kept in such manner that the entries therein are separable, ( a ) may be complied with, as regards any entry, by sending the entry to the proper officer specified therein, and if the entry is so sent ( b )(ii) may be complied with, as regards that entry, by the inclusion of the entry in the appropriate register.

(5) Any application made before the appointed day for registration in any register, or for exemption from any obligation in respect of inclusion in such register, which concerns or has effect in relation to any area transferred from the authority to whom the application is made or to any person, property, matter or thing therein, shall be treated as having been made to the authority for whose register the application is appropriate.

(6) Any order, decision, notice or certificate made, taken, given or issued before the appointed day by any authority in relation to—

any entry in any register of the authority; or

any application for registration or exemption,

which concerns or has effect in relation to any area transferred from such authority shall have effect as if it had been made, taken, given or issued by the authority in whose register the entry falls to be incorporated or included or in relation to whose register the application is appropriate.

(7) Paragraphs (5) and (6) shall have effect in relation to any area transferred within a county, or within Greater London, in relation to matters which on and after the appointed day are appropriate for the register of an authority other than the county council or the Greater London Council, as if the area had been transferred from the county, or from Greater London.

Section 49 Local land charges

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

“ proper officer ” means the officer appointed to act as local registrar under rules made under the Land Charges Act 1925 as set out in Schedule 4 to the Land Charges Act 1972 ;

“ register ” means a register of local land charges kept in pursuance of section 15 of the said Act of 1925 as set out in the said Schedule 4 ;

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

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

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

(2) The proper officer of the transferor authority shall immediately before the appointed day supply to the proper officer of the transferee authority an office copy of every entry in the register for the transferor authority relating to any land in the transferred area.

(3) The proper officer of the transferee authority shall, within 14 days after the receipt of an office copy under paragraph (2), enter the particulars contained therein, with any necessary modifications, in the appropriate part of the register for the transferee authority.

(4) Until all the entries required by paragraph (3) have been made, the following provisions shall have effect in relation to land in the transferred area—

(a) where application is made for a personal search in the register for the transferee authority, the proper officer of that authority shall notify the applicant that additional search should be made in the register for the transferor authority;

(b) where application is made for an official search in the register for the transferee authority, the proper officer of that authority shall issue to the applicant free of charge a certificate of official search in that register and shall forward the application to the proper officer of the transferor authority, together with the fees paid in respect thereof, or where there is more than one transferor authority equal portions of such fees;

(c) the proper officer of the transferor authority shall permit and make such searches and furnish such office copies and certificates as he would have been required to permit, make and furnish, and shall in relation thereto have the same powers and be subject to the same obligations, as if this regulation and the order had not been made;

(d) where a local land charge, registration of which was effected prior to the appointed day in the register for the transferor authority, is required under the foregoing provisions of this regulation to be entered in the register for the transferee authority it shall not be unenforceable by reason only that it has not been entered in that register.

Section 50 Licences, etc

Where any enactment will become applicable to any area transferred to a district or London borough, or to the City or the Temples, only as from the appointed day, any licence, certificate, permit, consent or exemption under such enactment, to become effective on or after the appointed day, may be granted before that day.