The Local Authorities etc. (Miscellaneous Provision) Order 1977

• Citation: S.I. 1977/293
• Sections: 8

Section 1 Title and commencement

This order may be cited as the Local Authorities etc. (Miscellaneous Provision) Order 1977 and shall come into operation on 1st April 1977.

Section 2 Territorial extent of exercise of powers

Subject to articles 7(3) and 8(1) and (2), this order is made by the Secretary of State for the Environment in relation to England and by the Secretary of State for Wales in relation to Wales.

Section 3 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—

(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.

(3) Any reference in this order to a numbered article shall, unless the reference is to an article of a specified order, be construed as a reference to the article bearing that number in this order.

(4) Any reference in any article of this order to a numbered paragraph shall, unless the reference is to a paragraph of a specified article, be construed as a reference to the paragraph bearing that number in the first-mentioned article.

Section 4 Miscellaneous amendments of public general and other Acts and instruments

(1) In the Education Act 1944, in section 114(1), in the definition of “local education authority” as amended by article 3(22) of the Local Authorities etc. (Miscellaneous Provision) ( No. 2) Order 1974 , for the words following “save as aforesaid, means” there shall be substituted—

in relation to a non-metropolitan county, the council of the county, and

in relation to a metropolitan district, the council of the district

In the said Act, in section 118 (Application to Isles of Scilly), for “a separate county” there shall be substituted “a separate non-metropolitan county” .

(2) In the Representation of the People Act 1949, in section 23, in subsection (7) (postal voting) as amended by the Local Government Act 1958 and the Representation of the People Act 1969, for “rural borough or parish councillors” there shall be substituted “parish or community councillors” .

(3) In the Compulsory Purchase Act 1965, in section 27 (acquiring authority to make good deficiency in rates), in subsection (4), the words preceding “the amount” shall be omitted.

(4) In the Town and Country Planning Act 1971, in section 290(1), in the definition of “authority possessing compulsory purchase powers”—

after “parish council” there shall be inserted “, community council” ; and

after “on whose behalf a” there shall be inserted “district council or” .

(5) In the Isles of Scilly (Local Education Authority) Order 1945, for article 1 other than the proviso thereto there shall be substituted—

(1) The Education Act 1944 shall apply to the Isles of Scilly as if those Isles were a separate non-metropolitan county:

(6) The following regulations, namely—

The Local Government (Alteration of Areas) (Notices) Regulations 1934

The Local Authorities (Sinking Funds) Regulations 1967 , are hereby revoked.

Section 5 Mortlake Crematorium

(1) In the Mortlake Crematorium Act 1936, as amended by articles 3(24) and 16 of the London Government Order 1965 —

(a) in section 4, for the definition of “the Act of 1933” there shall be substituted—

“ the Act of 1972 ” means the Local Government Act 1972;

(b) in section 11(2), for the words preceding “shall apply” there shall be substituted—

Sections 80, 81, 85, 94 to 98 and 105 of the Act of 1972

(c) for section 17(2) there shall be substituted—

(2) The Board shall hold an annual meeting—

(a) in a year of ordinary elections of councillors of London boroughs, in May or June; and

(b) in any other year, in April, May or June.

(d) for section 31(2) there shall be substituted—

(2) Subsections (1) to (3) of section 240 (Provisional orders) of the Act of 1972 shall apply to the making of a Provisional Order under this section.

(e) for section 38(1) there shall be substituted—

(1) The provisions of paragraphs 1 to 13 and 22(1) of Schedule 13 to the Act of 1972 and of the regulations made thereunder so far as they are not inconsistent with the provisions of this Part of this Act shall extend and apply to the Board and to money borrowed by the Board as if—

(a) the Board were a local authority within the meaning of the Act of 1972;

(b) the money so borrowed were borrowed under the said paragraphs; and

(c) the revenues of the Board were the revenues of the local authority;

and subject to any other modifications which may be necessary to adapt the said paragraphs and regulations for the purposes of this section.

(f) in section 38(2), for “Part IX” there shall be substituted “paragraphs” ;

(g) sections 39 to 41 shall be omitted;

(h) in section 42(8), “under Part IX of the Act of 1933” shall be omitted;

(i) for section 48(2) there shall be substituted—

(2) As respects any byelaws made under this section the confirming authority shall be the Secretary of State.

(j) section 49(2) shall be omitted;

(k) in section 55, for “under the Act of 1933 and section 290 (Power of Government departments to direct inquiries) of that Act” there shall be substituted “under the Act of 1972 and section 250 (Power to direct inquiries) of that Act” ; and

(l) in Schedule 2 (Enactments applied to the Board)—

the entry relating to section 307 of the Public Health Act 1875 shall be omitted; and

for the entries relating to the Local Government Act 1933 there shall be substituted—

The Act of 1972—

Section 101 (Arrangements for discharge of functions)

Section 111 (Subsidiary powers of local authorities)

Sections 114 to 117 (Officers)

Sections 120, 121 and 123 (Land transactions)

Section 132 (Provision of offices)

Section 135 (Contracts)

Section 223 (Appearances in legal proceedings)

Section 229 (Photographic copies of documents)

Section 234 (Authentication of documents)

Section 236 (Procedure etc. for byelaws).

(2) Paragraph 24 of Schedule 26 to the Local Government Act 1972 and the repeals of parts of sections 9 and 12 of the Cremation Act 1902 specified in Schedule 30 to the said Act of 1972 shall extend to the Mortlake Crematorium Board as if the said Board were a burial authority for the purposes of the said Act of 1902.

Section 6 Franchise and prescriptive rights

(1) The power to maintain the Brackley market exercisable immediately before 1st April 1974 by the corporation or council of the borough of Brackley shall be exercisable by the Town Council of Brackley, and the said Town Council shall have the same powers in relation to the said market as were exercisable immediately before 1st April 1974 by the said corporation or council.

(2) The power to maintain the Biggleswade market exercisable immediately before 1st April 1974 by the urban district council of Biggleswade shall be exercisable by the Town Council of Biggleswade, and the said Town Council shall have the same powers in relation to the said market as were exercisable immediately before 1st April 1974 by the said urban district council.

(3) Any powers to maintain markets exercisable immediately before 1st April 1974 by the urban district council of Raunds under any franchise or by virtue of prescription shall be exercisable by the Town Council of Raunds, and the said Town Council shall have the same powers in relation to any such market as were exercisable immediately before 1st April 1974 by the said urban district council.

(4) Article 7 of the Local Authorities etc. (Miscellaneous Provision) Order 1976 shall cease to have effect and the District Council of Epping Forest shall have the same powers in relation to the Waltham Abbey market as were exercisable by them before the said order came into operation.

Section 7 Power of statutory water undertakers to lay mains

(1) Section 19 (power to lay mains) of Schedule 3 to the Water Act 1945 shall apply throughout the water supply area of any water authority other than the Welsh National Water Development Authority, and shall so apply with the substitution for paragraph (b) of subsection (1) of the following paragraph:—

(b) in, on or over any land not forming part of a street, after giving reasonable notice to every owner and occupier of that land, and with the consent of—

(i) the highway authority concerned, if the main will be laid within 220 feet of any highway; and

(ii) the electricity or gas board concerned, if the main will be laid in, on or over any land of that board being operational land within the meaning of the Town and Country Planning Act 1971.

and any local statutory provisions shall cease to have effect in so far as it applies the said section 19 in any such water supply area.

(2) In this article “ water supply area ”, in relation to any water authority, means the area within which it is the duty of that authority to supply water under Part II of the Water Act 1973.

(3) This article is made by the Secretary of State for the Environment.

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

(1) Paragraph (3), in so far as it relates to Part I of the Schedule to this order, and paragraph (4), are made by the Secretary of State for the Environment.

(2) Paragraph (3), in so far as it relates to Part II of the Schedule to this order, and paragraph (5), are made by the Secretary of State for Wales.

(3) Any property described in column (2) of Part I or II 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 by 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).

(4) 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 paragraph (3) and Part I of the Schedule to this order were contained in the said order of 1973.

(5) Articles 11, 17, 23, 27, 28, 31, 32, 33(2), 34, 37 and 38 of the Local Authorities (Wales) (Property etc.) Order 1973 and articles 6 and 8 of the Local Authorities etc. (Wales) (Property etc.: Further Provision) Order 1974 shall apply as if paragraph (3) and Part II of the Schedule to this order were contained in the said order of 1973.