Local Authorities etc. (Miscellaneous Provision) (No. 4) Order 1974

JurisdictionUK Non-devolved
CitationSI 1974/1351
Year1974

1974 No. 1351

LOCAL GOVERNMENT, ENGLAND AND WALES

The Local Authorities etc. (Miscellaneous Provision) (No. 4) Order 1974

Made 1st August 1974

Laid before Parliament 15th August 1974

Coming into Operation 5th September 1974

The Secretary of State for the Environment and the Secretary of State for Wales, in exercise of the powers conferred upon them by sections 254(1)(a) and (2)(a), (b) and (c) and 266(2) of the Local Government Act 1972 and section 34(1) of the Water Act 1973 and of all other powers enabling them in that behalf, hereby make the following order:—

S-1 Title and commencement

Title and commencement

1. This order may be cited as the Local Authorities etc. (Miscellaneous Provision) (No. 4) Order 1974 and shall come into operation on 5th September 1974.

S-2 Territorial extent of exercise of powers

Territorial extent of exercise of powers

2.—(1) Article 10(1), in so far as it relates to Part II of Schedule 2, and article 10(2), are made by the Secretary of State for the Environment.

(2) Article 10(1), in so far as it relates to Part III of Schedule 2, and article 10(3), are made by the Secretary of State for Wales.

(3) Subject to paragraphs (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.

S-3 Interpretation

Interpretation

3.—(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 .

(3) In this order—

(a)

(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)

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

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

S-4 Miscellaneous amendments of public general and other Acts

Miscellaneous amendments of public general and other Acts

4.—(1) In the Act to provide for the better regulation of certain common pastures within the borough of Beverley, enacted on 21st June 18361

(a)

(a) in section VI (Elections of pasture-masters to be held before mayor), for there shall be substituted ; and

(b)

(b) in section X (In case of death or inability of mayor, council to appoint an alderman to preside at the election of pasture-masters)—

(i) for there shall be substituted ; and

(ii) for there shall be substituted .

(2) In the Local Government Act 1888 in section 69(11), for there shall be substituted .

(3) In the Abingdon Corporation Act 1951—

(a)

(a) in section 4(2) (interpretation) there shall be inserted—

““” means ;”;

(b)

(b) in Part IV (fisheries) for , wherever occurring, there shall be substituted ; and

(c)

(c) in section 52(1) (fishing permits) for there shall be substituted .

(4) In the Milford Haven Conservancy Act 1958, in Part I of the First Schedule (constitution of the Milford Haven Conservancy Board), for sub-paragraph (h) of paragraph 2 there shall be substituted—

“(h)

“(h) three by the County Council of Dyfed.”.

(5) In the Water Act 1958, in Schedule 1 (procedure for making orders), in the first item in the table in paragraph 1(1), for the entry (a) there shall be substituted—

“(a)

“(a) Every local authority whose area would be affected by the order.”.

(6) The enactments specified in Schedule 1 are hereby repealed to the extent mentioned in column (3) thereof.

(7) The repeal of section 3 of the Local Government Act 1888 shall not affect any functions exercised by any authorities existing on or after 1st April 1974.

S-5 Amendment and revocation of instruments

Amendment and revocation of instruments

5.—(1) The Local Government (Conferences) Regulations 19652are hereby revoked.

(2) In the Local Authorities etc. (Miscellaneous Provision) (No. 3) Order 19743in article 4(1) (dissolution of charter trustees), for there shall be substituted .

S-6 Cheshire Brine Pumping (Compensation for Subsidence) Act 1952

Cheshire Brine Pumping (Compensation for Subsidence) Act 1952

6.—(1) The amendments set out in the following paragraphs shall be made in the Cheshire Brine Pumping (Compensation for Subsidence) Act 1952.

(2) In section 3, the definition of shall be omitted; and for the definitions of and there shall be substituted—

““” means ; and

““” means .”.

(3) In section 8(1), for the words following there shall be substituted .

(4) In section 8(2), for the definition of there shall be substituted—

““” means—

in the case of the county council, the County Secretary;

in the case of the district council of Congleton, Crewe and Nantwich or Vale Royal, the Chief Executive; and

in the case of the district councils of Macclesfield, Manchester, Trafford and Warrington, the Chief Executive of the Borough Council of Macclesfield;”.

(5) In section 27(3), for the third and fourth items there shall be substituted— .

(6) In section 38(1), for there shall be substituted .

(7) In section 38(2), for there shall be substituted .

(8) In section 45(5)(a), for the words preceding there shall be substituted—

“The provisions contained in section 236(3) to (8) and in sections 237 and 238 of the Local Government Act 1972”.

(9) In section 45(5)(b), for there shall be substituted .

(10) In section 52(b), for the words preceding there shall be substituted .

(11) In section 56, for there shall be substituted .

(12) For Schedule 1 there shall be substituted—

FIRST SCHEDULE

AREAS FORMING THE COMPENSATION DISTRICT

The Borough of Congleton other than the area of the former borough of Congleton.

The Borough of Crewe and Nantwich other than the parish of Nantwich.

The Borough of Macclesfield other than—

so much of the area of the former borough of Macclesfield as was comprised in that borough on 31st March 1955;

the area of the former urban district of Wilmslow, and

the parishes of Adlington, Alderley Edge, Bollington, Bosley, Disley, Hurdsfield, Kettleshulme, Lyme Handley, Macclesfield Forest, Pott Shrigley, Poynton-with-Worth, Prestbury, Rainow, Sutton, Wildboarclough and Wincle.

The District of Vale Royal other than the parishes of Alvanley, Aston, Dutton, Frodsham, Helsby, Kingsley, Manley, Norley and Sutton.

In the City of Manchester, the parish of Ringway.

In the Borough of Trafford, the parishes of Carrington, Dunham Massey, Partington and Warburton.

In the Borough of Warrington, the parishes of Lymm and Stretton.”.

(13) For Part I of Schedule 2 there shall be substituted—

PART I

Appointing authority

Number of members

Borough Council of Congleton

One

Borough Council of Crewe and Nantwich

One

District Council of Vale Royal

Two

District councils of Macclesfield, Manchester, Trafford and Warrington

One”

S-7 Osgoldcross Joint Cremation Board

Osgoldcross Joint Cremation Board

7.—(1) The Osgoldcross Joint Cremation Board Order 1954 is hereby revoked.

(2) .

(3) .

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 Board shall be of full force and effect in favour of, or against, the City Council.

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

(4) The accounts of the Board and of the committees and officers thereof shall be made up to the date of the coming into operation of this order and shall be audited in like manner and subject to the same incidents and consequences as if the Board had not been dissolved;

(5) Any officer of the Board shall be transferred to the employment of the City Council, and paragraphs (1), (6), (8) and (13) of article 13 of the Local Authorities etc. (Staff Transfer and Protection) Order 19744shall apply to such officer as they apply to officers transferred by an article, scheme or determination mentioned in the said paragraph (1).

S-8 Charter of University College of Wales

Charter of University College of Wales

8.—(1) The amendments set out in paragraphs (2) and (3) of this article shall be made in the Charter of the University College of Wales, granted on 10th September 1889, and the provisions of paragraphs (4) to (6) of this article shall have effect for the purposes therein mentioned.

(2) In article 17 (ex-officio Governors) for paragraphs (1) and (11) there shall be substituted—

S-1

“1 The Lord-Lieutenants and Lieutenants of Dyfed and Powys and the Lord-Lieutenant of Gwynedd (or at the wish of the Lord-Lieutenant a Lieutenant of Gwynedd in his place).”;

S-11

“11 The Chairmen and Vice-Chairmen of the education committees of the county councils of Dyfed, Gwynedd and Powys.”.

(3) In article 18 (representative Governors)—

(a)

(a) for paragraphs (2) and (3) there shall be substituted—

S-2

“2 (i) Twelve persons by the County Council of Dyfed;

(ii) Four persons by the County Council of Gwynedd; and

(iii) Eight persons by the County Council of Powys.”;

S-3

“3 (i) Four persons by each of the district councils of Brecknock, Carmarthen, Ceredigion, Dinefwr, Llanelli, Meirionnydd, Montgomery, Preseli, Radnor and South Pembrokeshire; and

(ii) Two persons by the Town Council of Aberystwyth.”;

(b)

(b) paragraph (4) shall cease to have effect.

(4) The following provisions of the said Charter, namely—

paragraph (13) of article 17 (Head Teachers of certain schools to be ex-officio Governors) and

paragraphs (6) and (7) of article 18 (representative Governors to be elected by certain school Managers and Head Teachers)

shall continue to have effect as if the former counties of...

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