Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974
| Jurisdiction | UK Non-devolved |
| Citation | SI 1974/595 |
| Year | 1974 |
1974 No. 595
LOCAL GOVERNMENT, ENGLAND AND WALES
The Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974
Made 27th March 1974
Laid before Parliament 29th March 1974
Coming into Operation 1st April 1974
The Secretary of State for the Environment, in relation to England, and the Secretary of State for Wales, in relation to Wales, in exercise of the powers conferred upon them by section 254(1)(a) and (2)(a), (b), (c), (e) and (i), 262(6) and 266(2) of the Local Government Act 1972, section 84(1)(a) and (2)(b) and (c) of the London Government Act 1963 and section 34(1) of the Water Act 1973 and of all other powers enabling them in that behalf, hereby make the following order:—
Title and commencement
1. This order may be cited as the Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1974 and shall come into operation on 1st April 1974.
Interpretation
2.—(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—
“” means ; and
“” means and “” .
(3) In this order, unless the context otherwise requires, references to any enactment or instrument shall be construed as references to that enactment or instrument as amended, extended or applied by or under any other enactment or instrument.
Miscellaneous amendments of public general and other Acts
3.—(1) In the Telegraph Act 1863—
(a)
(a) for section 9 as amended in Schedule 5 to the Public Utilities Streets Works Act 1950 there shall be substituted—
“9 The company shall not place a telegraph under any street not being a highway maintainable at the public expense except with the consent of the body having the control of the street.”
(b)
(b) in section 21—
for the words from to there shall be substituted—
“”;
for the words from to there shall be substituted—
“subject nevertheless to sections 23 to 29 of this Act and to the following provisions:—”;
and
(c)
(c) in section 23, for the words preceding there shall be substituted .
(2) In the Telegraph Act 1892, in section 5(2)(b)—
for there shall be substituted
for there shall be substituted .
(3) In the Patriotic Fund Reorganisation Act 1903, in Schedule 1 (constitution of Royal Patriotic Fund Corporation), in paragraph 1, for items (b), (c) and (d) in their application to England and Wales there shall be substituted—
“(b)
“(b) The lord-lieutenant for each county and the lord-lieutenant of Greater London.
(c)
(c) The chairman for the time being of the council of every county and every metropolitan district and of the Greater London Council;
(cc)
(cc) The Lord Mayor of London and the mayor for the time being of every London borough.
(ccc)
(ccc) Any other person for the time being entitled to the style of Lord Mayor.”,
and in item (d) as amended by the Transfer of Functions (Local Government, etc.) (Northern Ireland) Order 1973 the words shall be omitted.
(4) In the Telegraph (Construction) Act 1908, for section 2 there shall be substituted—
“2 The provisions of section 21 of the Telegraph Act 1863 shall extend to public roads as well as to streets.”
(5) In the Land Drainage Act 1930, for section 23(1) (expenses of county councils) as it applies to London boroughs by virtue of paragraph 1 of Schedule 14 to the London Government Act 1963 and paragraph 25(5) of Schedule 29 to the Act, there shall be substituted—
“1 Any amount due to a water authority from the council of a London borough under the Water Act 1973 shall be defrayed as the council, having regard to the benefit, if any, derived by various areas, think just and equitable as general expenses or as special expenses chargeable on such part or parts of the London borough within the water authority's area as the council think fit.”.
(6) In the Green Belt (London and Home Counties) Act 1938—
(a)
(a) in section 2(1), for the definitions of “the area” and “local authority”, there shall be substituted—
“the expression “” means—
Greater London
the counties of Buckinghamshire, Hertfordshire and Surrey
the county of Essex other than the borough of Southend-on-Sea
the county of Kent other than the area of the former county borough of Canterbury
in the county of Berkshire—
the borough of Slough
in the borough of Windsor and Maidenhead, the parishes of Datchet, Eton, Horton and Wraysbury
in the county of West Sussex, so much of the borough of Crawley as was immediately before 1st April 1974 comprised in the administrative county of Surrey;”
and
“the expression “” means ;”
(b)
(b) the expression “”, ; and
(c)
(c) in section 2(2) the words shall be omitted.
(7) In the Representation of the People Act 1949
(a)
(a) in section 36(2) for , there shall be substituted ;
(b)
(b) in section 172(1), for the definition of “local government Act” there shall be substituted—
““” means ;”;
and
(c)
(c) in Schedule 8, in paragraph 2 (references in other Acts) for there shall be substituted .
(8) In the Dog Licences Act 1959—
in section 10(1)—
for the words preceding , there shall be substituted ; and
for , there shall be substituted ; and
in section 13, for there shall be substituted .
(9) In the Humber Bridge Act 1959, for section 6 (constitution of Humber Bridge Board) there shall be substituted—
“6 The Board shall consist of 22 members to be appointed as follows—
12 members to be appointed by the District Council of Kingston upon Hull
2 members to be appointed by the County Council of Humberside;
1 member to be appointed by the County Council of Lincolnshire;
1 member to be appointed by the District Council of Scunthorpe;
3 members to be appointed by the Borough Council of Beverley; and
3 members to be appointed by the Borough Council of Glanford.”
and article 20(2) and (3) of the Local Authorities etc. (Miscellaneous Provision) Order 19741 shall apply to the Board with the necessary modifications.
(10) In the London Government Act 1963, in Schedule 14 (functions with respect to land drainage), in paragraph 11, after there shall be inserted .
(11) In the Severn Bridge Tolls Act 1965, in section 3(7), for the definitions of “the county councils” and “local authority” there shall be substituted—
““” means ; “” means ;”
(12) In the Gas Act 1965, in section 28(1), in the definition of “local authority” for there shall be substituted .
(13) In the Docks and Harbours Act 1966, in Schedule 1 (Ports and Licensing Authorities), as amended by the Docks and Harbours Act 1966 (Amendment No. 6) Order 19732, in respect of any port specified in Column (1) of the following table the authority specified in respect thereof in column (2) shall be substituted as the licensing authority.
TABLE
(1) |
(2) |
Port |
Licensing Authority |
Boston |
The District Council of Boston |
Wisbech |
The District Council of Fenland |
Whitstable |
The City Council of Canterbury |
Weymouth |
The Borough Council of Weymouth and Portland |
Penryn |
The District Council of Carrick |
Penzance |
The District Council of Penwith |
Truro |
The District Council of Carrick |
Bristol |
The City Council of Bristol |
Preston |
The Borough Council of Preston |
Sunderland |
The Borough Council of Sunderland |
(14) In the Post Office Act 1969, in section 14(1) (Post Office uses' councils) for ” there shall be substituted a “users' council for Wales, to be called ”.
(15) In the Courts Act 1971, Schedule 3 (premises formerly used for business of abolished courts) shall apply, in respect of any premises being, or being comprised in, any property transferred by the Local Authorities (England) (Property etc.) Order 19733or the Local Authorities (Wales) (Property etc.) Order 19734, with the substitution for the substitution for the authority from whom the property is transferred of the authority to whom it is transferred.
(16) In the Pensions (Increase) Act 1971, in Schedule 3, in paragraph 6(1) (Definition of local authority”), for sub-paragraph (a) there shall be substituted—
“(a)
“(a) in England and Wales
(i) the Greater London Council, the Common Council of the City of London and the council of a London borough;
(ii) in respect of any time before 1st April 1974, the council of an administrative county, county borough or county district;
(iii) the council of a county or district established by or under the Local Government Act 1972; and
(iv) any other local authority within the meaning of the Local Loans Act 1875; and”.
(17) In the Housing Finance Act 1972 in Schedule 9 (minor and consequential amendments)—
in paragraph 2(1), for the words preceding there shall be substituted—
“1 In paragraph 17 of Schedule 13 to the Local Government Act 1972 (local authorities' capital funds) after sub-paragraph (1) there shall be inserted—
“.”.”.
in paragraph 2(2), for the words preceding there shall be substituted—
“2 After the said paragraph 17 there shall be inserted—
“””
(18) In the Gas Act 1972, in section 39(3), for there shall be substituted .
(19) In the Act, paragraph 6(2)(b) and (4) of Schedule 29 (provision for the construction of references to parishes and rural parishes) shall apply to the areas constituting parishes by virtue of article 3(2) of the New Parishes Order 1973 and article 3 of the New Parishes (Amendment) Order 1973 as they apply to the areas mentioned in paragraph 3 of Part IV of Schedule 1 to the Act.
(20) Any statutory provision contained in any local or private Act or made under section 30 of the Local Loans Act 1875 which is inconsistent with the Local Authority (Stocks and Bonds) Regulations 19745shall cease to have effect.
(21) Any local statutory provision which would, but for this paragraph, operate so as to empower the council of a district in a metropolitan county to carry on a road passenger transport, ferry or railway undertaking shall cease to have effect, and no such council shall, by virtue of Part V (running of public service vehicles by local authorities) of the Road Traffic Act...
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