The Local Government Area Changes Regulations 1976

Regulation 19

SCHEDULE 1PETTY SESSIONS AREAS

PART IPROVISIONS APPLYING WHERE AN AREA IS TRANSFERRED FROM ONE PETTY SESSIONS AREA TO ANOTHER SUCH AREA

1.  In this Part, “transferred area” means an area transferred from one petty sessions area to another such area, and—

“community service order” means an order made under section 14 of the Powers of Criminal Courts Act 1973;

“probation order” means a probation order made or having effect as if made under section 2 of that Act;

“supervision order” means any of the following orders, namely— a supervision order within the meaning of section 11 of the Children and Young Persons Act 1969 or to which paragraph 12 of Schedule 4 to that Act applies; an order under section 2(1)(f) of the Matrimonial Proceedings (Magistrates' Courts) Act 1960; an order under section 2(2)(a) of the Guardianship Act 1973; a supervision order within the meaning of section 26 of the Powers of Criminal Courts Act 1973;

“the transferor area” means the petty sessions area from which the transferred area is transferred, and “the transferor justices” means the justices who ordinarily act for such petty sessions area; and

“the transferee area” means the petty sessions area to which the transferred area is transferred, and “the transferee justices” means the justices who will, on and after the appointed day, ordinarily act for such petty sessions area.

2.  Subject to the following paragraphs, any process issued, order made, sentence passed, appeal brought, case stated, licence granted, recognizance entered into, proceeding begun, appointment made or other thing done before the appointed day by, from, to or before any of the transferor justices in relation to any matter arising in or concerning the transferred area, shall, on and after that day, be deemed to have been issued, made, passed, brought, stated, granted, entered into, begun or done by, from, to or before the transferee justices or their clerk, as the case may be.

3.  Any order made, licence granted or other thing done under the Licensing Act 1964 by the transferor justices in relation to any premises in the transferred area, being an order or licence in force or other thing having effect immediately before the appointed day, shall continue to have like effect on and after that day as if the order had not been made but shall be treated as if it had been made, granted or done by the transferee justices.

4.  Anything done under the Betting, Gaming and Lotteries Act 1963 or the Gaming Act 1968 by or in relation to the betting licensing committee for the transferor area in relation to any matter arising in or concerning the transferred area, being a thing having effect immediately before the appointed day, shall continue to have effect on or after that day as if the order had not been made but shall be treated as if it had been done by or in relation to the betting licensing committee for the transferee area; and anything done under either of those Acts by or in relation to any other person or body shall have effect accordingly.

5.—(1) Any order made by a magistrates' court directing the payment of money to the clerk or any other officer of a magistrates' court acting for the transferor area, in relation to any matter arising in or concerning the transferred area, shall have effect as if it had directed payment to be made to the clerk to the justices for the transferee area.

(2) Where on the appointed day periodical payments are by virtue of sub-paragraph (1) payable under section 52 of the Magistrates' Courts Act 1952 through the clerk to the justices for the transferor area to a person who resides outside that area, in relation to any matter arising in or concerning the transferred area, the said clerk may amend the order so as to require payments to be made through the clerk to the justices for the transferee area and, if he does so, shall give notice of the amendment to the person entitled to the payments, to the person required to make the payments and to the justices' clerk for the transferee area.

6.  Where the transferor area is named in a community service order, probation order or supervision order, and the person named in the order is immediately before the appointed day residing in the transferred area, the powers and functions of the transferor justices in relation to the order shall vest in and be discharged by the transferee justices, and the order, unless amended in regard to the petty sessions area named therein, shall have effect in all respects as if the transferee area were named therein.

7.  Any process, records or other document in relation to any matter arising in or concerning the transferred area in the custody, by virtue of his office as such, of the clerk to the justices for the transferor area shall—

(a)if such clerk is the clerk to the justices for the transferee area, be retained by him in that capacity;

(b)otherwise, be transferred by him to the clerk to the justices for the transferee area.

Copies of or extracts from any such record or document made or certified by the clerk to the justices for the transferee area shall be of the same effect as if they had been made or certified by the clerk to the justices for the transferor area.

PART IIPROVISION APPLYING WHERE A PETTY SESSIONS AREA CEASES TO EXIST

Where a community service order, probation order or supervision order (within the meanings set out in paragraph 1 of Part I) is in force, and the offender, probationer or person under supervision is residing outside any area transferred by the order, the justices for any petty sessions area may amend the order in regard to the petty sessions area named therein as if the offender, probationer or person under supervision, as the case may be, had changed his residence.

PART IIIPROVISIONS APPLYING WHERE A PETTY SESSIONS AREA IS CONSTITUTED

1.  The justices for the area shall appoint, in the prescribed manner, so far as may be applicable, and for the prescribed term, to take office on the appointed day—

(a)a chairman and one or more deputy chairmen;

(b)a juvenile court panel;

(c)one or more case committees;

(d)a justice or justices to serve as member of the magistrates' courts committee for the county or London commission area;

(e)a divisional licensing committee; and

(f)a betting licensing committee.

In this paragraph, “the prescribed manner” and “the prescribed term” mean respectively—

(i)in relation to the election of a chairman or deputy chairman, the manner prescribed by rules made under section 13 of the Justices of the Peace Act 1949 and a term ending at the expiration of the month of December next following the appointed day;

   

(ii)in relation to the election of the juvenile court panel, the manner prescribed by rules made under section 15 of that Act and a term ending at the expiration of the month of October in 1976, 1979 or a third year thereafter;

   

(iii)in relation to the appointment of a case committee, the manner prescribed by rules made or having effect as if made under Schedule 3 to the Powers of Criminal Courts Act 1973 and a term ending at the expiration of the month of December next following the appointed day;

   

(iv)in relation to the appointment of a member of the magistrates' courts committee, the manner prescribed by regulations made under Schedule 4 to the Justices of the Peace Act 1949 and a term ending at the expiration of the month of November next following the appointed day;

   

(v)in relation to the appointment of the divisional licensing committee, the manner prescribed by Part I of Schedule 1 to the Licensing Act 1964 and a term ending at the expiration of the month of December next following the appointed day; and

   

(vi)in relation to the appointment of the betting licensing committee, the manner prescribed by the Betting (Licensing) Regulations 1960(1) and a term ending at the expiration of the month of December next following the appointed day.

2.  In relation to the appointment of a justices' clerk for the area, any consultation with the justices for the area required by section 19(9) of the Justices of the Peace Act 1949 may take place before the appointed day.

Regulation 28

SCHEDULE 2FAMILY PRACTITIONER SERVICES

1.  In this Schedule “the transferred area” means the area transferred from the area of one area health authority (hereinafter referred to as “the transferor authority”) to the area of another such authority (hereinafter referred to as “the transferee authority”), and—

“the Secretary of State” means the Secretary of State for Social Services or the Secretary of State for Wales;

“the transferor area” means the area of the transferor authority and “the transferor committee” means the family practitioner committee established for that area; and

“the transferee area” means the area of the transferee authority and “the transferee committee” means the family practitioner committee established for that area.

2.  Subject to the following paragraphs—

(a)all arrangements for the provision of general medical services, general dental services, general ophthalmic services and pharmaceutical services made by the transferor committee shall, so far as they relate to the transferred area, remain of full force and effect as if made on behalf of the transferee authority by the transferee committee;

(b)any decision given before the appointed day by the local medical committee, local dental committee, local optical committee or local pharmaceutical committee for the transferor area shall, in so far as it relates to the transferred area, have effect as if it had been given by the corresponding committee for the transferee area; and

(c)any reference in any instrument to the local medical committee, local dental committee, local optical committee or local pharmaceutical committee for the transferor area shall, in so far as it relates to the transferred area, have effect as if it had been a reference to the corresponding committee for the transferee area.

3.  Any services provided as part of general medical services, general dental services, general ophthalmic services or pharmaceutical services which have been commenced in the transferred area but not completed before the appointed day, and any matters arising in consequence of such services completed before that day, may be continued with the substitution for the transferor committee, as regards any responsibility for the administration (including payment) of those services, of the transferee committee.

4.  Any proceedings under Part II of the National Health Service (Service Committees and Tribunal) Regulations 1974(2) in relation to services provided before the appointed day in the transferred area may be instituted and carried on, or as the case may be, continued in all respects as if the order had not been made. Any direction for the withholding of remuneration following such proceedings may be given to such family practitioner committee as the Secretary of State may think fit.

5.  Any proceedings before the transferor committee instituted before the appointed day for determining whether the replacement or repair of an appliance is necessitated—

(a)in the case of an optical appliance, by lack of care on the part of the person supplied; or

(b)in the case of a dental appliance, by an act or omission of the person supplied or (if it occurred when such person was under 16 years of age) of him or of the person having charge of him when it occurred;

shall where the practice premises given on the application for the replacement or repair of the appliance are situated in the transferred area be continued with the substitution for the transferor committee of the transferee committee.

6.  Any medical practitioner who immediately before the appointed day is included in the medical list of the transferor committee and who at that date—

(a)has a surgery in the transferred area, or

(b)has on his list any patient permanently residing in such area,

shall be entitled to be included in the medical list of the transferee committee for the provision of services in those parts of the transferred area in which he was entitled to provide services immediately before the appointed day.

7.  Any practitioner who immediately before the appointed day is providing services under section 38(1) of the National Health Service Act 1946 as set out in section 42 of the National Health Service Reorganisation Act 1973 or under section 40 or 41 of the said Act of 1946 from premises within the transferred area shall be included in the dental, ophthalmic or pharmaceutical list, as appropriate, of the transferee committee.

8.  Anything duly done by, and any application duly made, or direction, authorisation or notice duly given to—

(a)the Secretary of State;

(b)the transferor committee;

(c)the Prescription Pricing Authority;

(d)the Welsh Health Technical Services Organisation;

(e)the Dental Estimates Board; or

(f)any other body dealing with family practitioner services,

in connection with the exercise, by such body, of any function which, by virtue of directions given under section 7 of the National Health Service Reorganisation Act 1973 or of any other provision of that Act, is a function exercisable by an area health authority or family practitioner committee, shall, in so far as it relates to the transferred area, be deemed to have been duly done by, or made or given to, the body exercising such function on the appointed day in place of the body by which such thing was done or to which such application was made, or such direction, authorisation or notice was given.

9.  Any instrument made by any of the bodies specified in paragraph 8, in so far as it was made in the exercise of any function referred to in that paragraph, shall continue in force until it is varied or revoked by the body exercising such function in place of the body by which such instrument was made.

10.  Any form supplied by any of the bodies specified in paragraph 8 in the exercise, by such body, of a function which by virtue of any directions given under section 7 of the National Health Service Reorganisation Act 1973 or of any other provision of that Act is a function exercisable by an area health authority or a family practitioner committee shall continue to be a valid form in connection with the exercise of any function until it is cancelled or withdrawn by the Secretary of State or by the body exercising the function in place of the body by which the form was supplied, and as if any reference contained, in such a form to a body by which the function was exercisable before the appointed day was a reference to the body exercising that function on and after that day.

Regulation 37

SCHEDULE 3ROAD TRAFFIC AND HIGHWAYS

Road traffic orders and schemes

1.  Any order or scheme made or having effect as if made under any provision of the Road Traffic Regulation Act 1967 or section 31 of the Road Traffic Act 1972 by any authority shall, so far as it relates to any road in any area transferred by the order from the area of that authority, have effect as if it had been made by the authority empowered to make such an order or scheme for the road on and after the appointed day and if the power under which the order or scheme would have been made by that authority is one different from the power under which it was made as if it had been made under the power first mentioned.

2.—(1) Sub-paragraphs (2) to (4) shall apply in relation to—

parts of roads authorised for use as parking places under section 28 of the Road Traffic Regulation Act 1967; and

parking places on highways designated under section 35 (parking places where charges made) of that Act.

(2) In relation to such parking places in any area transferred to a county and district in Wales the reference in paragraph 1 to the authority empowered to make such an order or scheme shall be construed—

in the case of an order made by a county council, as a reference to the council of the county to which the area is transferred;

in the case of an order made by a district council, as a reference to the council of the district to which the area is transferred.

(3) In relation to such parking places in any other area transferred to a district in Wales the said reference shall be construed, in the case of an order made by a district council, as a reference to the council of the district to which the area is transferred.

(4) In relation to such parking places in any area transferred to Greater London the said reference shall be construed as a reference to the Greater London Council.

3.  Paragraphs 1 and 2 shall have effect subject to the provision of paragraph 4.

Division of instruments affecting highways

4.  Where provision as respects any length of highway is contained in an instrument made, submitted or published in draft before the appointed day under any enactment and on and after that day parts of that length are situated in the areas of two or more authorities so that, if provision had been made on or after that day as respects that length, separate instruments made, submitted or published in draft by each of those authorities would have been required, then—

(a)the instrument shall have effect on and after the appointed day as such number of separate instruments as would then be required for that provision, each instrument relating to the part of that length of highway situated in the area of one authority and containing references to that authority instead of references to the authority by whom it was made, submitted or published in draft, and

(b)if the instrument is an order or scheme in relation to which some, but not all, of the necessary procedural steps have been taken before the appointed day—

(i)any notice given or published and any other document made or issued in connection with the order or scheme before that day shall similarly have effect on and after that day as such number of separate notices and documents (each containing references to the authority first mentioned in (a)) as may be requisite;

(ii)any remaining procedural steps required to be taken by the authority by whom the scheme was made, submitted or published in draft may be carried out separately by the several authorities concerned; and

(iii)the orders and schemes as made, confirmed or approved shall (so far as practicable) reflect the division into separate instruments.

General provisions relating to highways

5.—(1) This paragraph shall apply where—

(a)an area is transferred from the area of one highway authority to the area of another such authority; or

(b)an area is transferred from one district to another district in the same county, and in this paragraph “transferred area” means an area so transferred, and “the transferee district”, in relation to any transferred area, means the district council to whose area the transferred area is transferred.

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

(2) Where, at the appointed day, in relation to any highway in a transferred area, under the provisions of any enactment or otherwise, any act has been done by, any notice or payment has been given or made to, or any right or duty has been conferred or imposed on—

(a)the highway authority in their capacity as highway authority for the highway; or

(b)the district council in their maintenance of the highway undertaken under section 187(2)(a) of the Local Government Act 1972,

then, on and after the appointed day, that act shall be deemed to have been done, that notice or payment shall be deemed to have been given or made, and that right or duty shall be deemed to have been conferred or imposed—

(i)if the act, notice, payment, right or duty relates to the maintenance of a highway which under regulation 36 or otherwise under section 187(2) of the Act the transferee district council are entitled to maintain, by, to or on that council;

(ii)otherwise, by, to or on the highway authority,

and accordingly any document comprising or relating to the act, notice, payment, right or duty shall have effect on and after the appointed day as if for any reference therein to the highway authority or district council mentioned in (a) or (b) there were substituted a reference to the district council or highway authority specified in (i) or (ii).

(3) Where, at the appointed day, in relation to any highway in a transferred area, under the provisions of any enactment, any act has been done by, any notice or payment has been given or made to, or any right or duty has been conferred or imposed on, a local authority (other than a parish council or community council) otherwise than as highway authority, then, subject to sub-paragraph (4), on and after the appointed day that act shall be deemed to have been done by, that notice or payment shall be deemed to have been given or made to, or that right or duty shall be deemed to have been conferred or imposed on, the specified authority, and accordingly any document comprising or relating to the act, notice, payment, right or duty shall have effect on and after the appointed day as if for any reference therein to the said local authority there were substituted a reference to the specified authority.

In this paragraph, “the specified authority” means the council of the county, district or London borough in which the highway is situated, or in the case of a highway situated in Greater London or the City the Greater London Council or the Common Council, by whom the function in connection with which the act was done, the notice was given, the payment was made or the right or duty was conferred or imposed becomes exercisable on and after the appointed day.

(4) In a case where the function referred to in sub-paragraph (3) is exercisable on and after the appointed day either by the council of the county or the council of the district in which the highway is situated, that function shall be regarded for the purposes of that sub-paragraph as becoming exercisable—

(a)by the district council alone, where the act was done by, the notice or payment was given or made to, or the right or duty was conferred or imposed on, a district council or a London borough council;

(b)by the county council alone, where the act was done by, the notice or payment was given or made to, or the right or duty was conferred or imposed on, a county council or the Greater London Council.

This sub-paragraph shall apply to any act, notice, payment, right or duty which by virtue of article 6(2) and (3) of the Local Government (Road Traffic and Highways) (Transitional Provisions) Order 1974 is deemed to have been done by, given or made to, or conferred or imposed on a county council or district council as if it had been done by, made or given to or conferred or imposed on such council.

(5) Sub-paragraphs (2) to (4) shall have effect subject to the provision of paragraph 4.

(6) In this paragraph—

any reference to any act done by an authority shall include a reference to any scheme, order (other than any order to which regulation 44 applies), regulation, byelaw, agreement, requirement, application, apportionment or demand for payment made, resolution passed, charge conferred, authorisation granted, notice, direction, consent, approval, licence, permit or certificate given, building line or improvement line prescribed, or other thing done by that authority;

any reference to any notice given to an authority shall include a reference to any direction, consent or approval given to that authority; and

any reference to any right or duty conferred or imposed on an authority shall include a reference to an obligation assumed by or a requirement made upon or a deposit or lodgement made with that authority, a transfer of a highway to that authority or a provision for that authority to become the highway authority for a highway.

(7) In so far as provision is made by paragraphs 1, 2, 4 or 6 for any matter, the provisions of this paragraph shall not apply in relation to that matter.

Adaptation of certain agreements between Secretaries of State and local authorities

6.—(1) This paragraph applies to agreements made under section 10(1) and (4) of the Highways Act 1959, section 30(1) and (4) of the Local Government Act 1966 and section 27(1) and (3) of the Highways Act 1971 made before the appointed day between the Secretary of State for the Environment or the Secretary of State for Wales and a council described in column (1) of the following table and in force at the appointed day.

(2) Where the matter to which the agreement applies is situated in a single transferred area, an agreement made between a Secretary of State and a council described in column (1) of the said table shall on and after the appointed day have effect as an agreement made between the Secretary of State and the authority specified in respect of the said council in column (2) to whose area the transferred area is transferred and as if for references therein to the said council there were substituted references to such authority, and any rights or liabilities of the said council under any such agreement which immediately before the appointed day are subsisting against or, as the case may be, are enforceable by, the Secretary of State shall on and after the appointed day be rights and liabilities of such authority.

(3) Where the matter to which the agreement applies is not so situated, an agreement made between a Secretary of State and a council described in column (1) of the said table shall have effect as separate agreements between the Secretary of State and—

(a)if the matter remains in part situated in the area of the said council, that council, and

(b)the councils specified in respect of the said council in column (2) in whose areas parts of the matter are situated,

each such agreement referring to the authority described in (a) or (b) and relating to so much of the matter as is situated in the area of such authority, and any rights or liabilities of the council described in column (1) under the agreement as in force at the appointed day shall be divided between the said authorities in a manner which has regard to the nature of such rights and liabilities and also to the extent of the matter in the area of each such authority.

(4) Where any action, measure or procedure has been begun before the appointed day by the council described in column (1) of the said table in pursuance of an agreement to which sub-paragraph (2) or (3) applies but has not been completed at the appointed day, that action, measure or procedure may be continued and completed by the authority or authorities specified in sub-paragraph (2) or (3), and any notice given or published and any other document made or issued by or to the said council before the appointed day for the purpose of, or in connection with, that action, measure or procedure shall have effect on and after that day as if for references therein to the said council there were substituted references to such authority or authorities.

Regulations 42 and 43

SCHEDULE 4LOCAL ACTS AND ORDERS—PROTECTIVE PROVISIONS PROCEEDINGS FOR THE ENFORCEMENT OF BYELAWS

PART I

PART II

Regulation 55

SCHEDULE 5RATING OF BRITISH GAS CORPORATION AND ELECTRICITY BOARDS

1.  In this Schedule—

any reference to Schedule 6 of the General Rate Act 1967 is a reference to that Schedule as set out in Schedule 5 to the Gas Act 1972;

any reference to 1st April, 31st May, 1st November, 15th November, 16th November, 31st December or 1st January is a reference to such date last preceding the appointed day; and

the reference to the end of the month of October is a reference to the end of such month last preceding the appointed day.

RATING OF BRITISH GAS CORPORATION

2.  Where the order comes into operation for the purposes mentioned in regulation 4(1) between 31st May and 1st November, then as soon as may be after the coming into operation of the order the British Gas Corporation shall, whether or not they have already transmitted the statements which would have been required by paragraph 7 of Schedule 6 to the General Rate Act 1967 to have been transmitted before the end of the month of October if the order had not been made, transmit to the rating authorities of the rating areas and to the valuation officer for such areas the statements which would have been required by such paragraph to have been so transmitted if the order had come into operation on 1st April, and—

(i)paragraph 8 of the said Schedule 6 shall have effect as if the statements had been transmitted under the said paragraph 7 but with the substitution for the words following “rating authority” of “as soon as may be”; and

(ii)any statements already transmitted as aforesaid shall cease to have effect.

3.  Where the order comes into operation for the said purposes between 31st October and 1st January, then as soon as may be after the coming into operation of the order, and in any case before the expiration of 28 days, the British Gas Corporation shall transmit to the rating authorities of the rating areas and to the valuation officer for such areas the statements which would have been required by paragraph 7 of the said Schedule 6 to have been transmitted before 31st October if the order had come into operation on 1st April, and as soon as may be after receiving such statements the valuation officer shall calculate the rateable values of any hereditaments which the Corporation are to be treated as occupying in the rating areas during any rate period consisting or forming part of the year commencing on the appointed day, and shall notify the amounts so calculated to the rating authorities aforesaid, and—

(i)paragraph 10 of the said Schedule 6 shall apply as if the said notifications had been made under paragraph 8 thereof; and

(ii)the statements transmitted in accordance with the said paragraph 7 and any notifications under the said paragraph 8 shall cease to have effect.

4.  Where the order comes into operation for the said purposes after 31st December, then as soon as may be after the coming into operation of the order, and in any case before the expiration of 28 days, the British Gas Corporation shall transmit to the rating authorities of the rating areas and to the valuation officer for such areas the statements which would have been required by paragraph 7 of the said Schedule 6 to have been transmitted before 31st October if the order had come into operation on 1st April, and as soon as may be after receiving such statements the valuation officer shall calculate the rateable values of any hereditaments which the Corporation are to be treated as occupying in the rating areas during any rate period consisting or forming part of the year commencing on the appointed day, and shall notify the amounts so calculated to the rating authorities aforesaid, and—

(i)paragraph 10 of the said Schedule 6 shall apply as if the said notifications had been made under paragraph 8 thereof; and

(ii)the notifications under the said paragraph 8 shall cease to have effect.

RATING OF ELECTRICITY BOARDS

5.  Where the order comes into operation for the purposes mentioned in regulation 4(1) between 31st May and 16th November, then as soon as may be after the coming into operation of the order, the Commissioners of Inland Revenue shall, whether or not they have already transmitted and notified the particulars which would have been required by paragraphs 11 and 12 of Schedule 7 to the General Rate Act 1967 to have been transmitted and notified before 15th November if the order had not been made, transmit and notify the particulars which would have been required by such paragraphs to have been so transmitted and notified if the order had come into operation on 1st April; and—

(i)any particulars already transmitted and notified shall cease to have effect; and

(ii)paragraph 13 of the said Schedule shall have effect with the substitution for the words following “rating authority” of “as soon as may be”.

6.  Where the order comes into operation for the said purposes between 15th November and 1st January, then as soon as may be after the coming into operation of the order the Commissioners of Inland Revenue shall transmit and notify the particulars which would have been required by paragraphs 11 and 12 of the said Schedule 7 to have been transmitted and notified before 15th November if the order had come into operation on 1st April, and as soon as may be thereafter the Commissioners shall calculate the rateable values of any hereditaments which the Central Electricity Generating Board or any Area Board are to be treated as occupying in the rating areas during any rate period consisting or forming part of the year commencing on the appointed day, and shall notify the amounts so calculated to the rating authorities of the rating areas, and—

(i)paragraph 14 of the said Schedule 7 shall apply as if the said notifications had been made under paragraph 13 thereof; and

(ii)the particulars transmitted and notified under the said paragraphs 11 and 12 and any notifications under the said paragraph 13 shall cease to have effect.

7.  Where the order comes into operation for the said purposes after 31st December, then as soon as may be after the coming into operation of the order the Commissioners of Inland Revenue shall transmit and notify the particulars which would have been required by paragraphs 11 and 12 of the said Schedule 7 to have been transmitted and notified before 15th November if the order had come into operation on 1st April, and as soon as may be thereafter the Commissioners shall calculate the rateable values of any hereditaments which the Central Electricity Generating Board or any Area Board are to be treated as occupying in the rating areas during any rate period consisting or forming part of the year commencing on the appointed day, and shall notify the amounts so calculated to the rating authorities of the rating areas, and—

(i)paragraph 14 of the said Schedule 7 shall apply as if the said notifications had been made under paragraph 13 thereof; and

(ii)the notifications under the said paragraph 13 shall cease to have effect.

Regulation 62

SCHEDULE 6TRANSFER OF SPECIFIED CLASSES OF PROPERTY, ETC

PART I

1.  “Local matters”, in relation to any area, means —

 (a)in the case of property—

(i)sited property situated in the area;

(ii)specified property in relation to buildings or other land constituting local matters in relation to the area, except in so far as such property is excluded by the agreement of the transferee authority; and

(iii)other property held exclusively in respect of the area;

1.

 (b)in the case of liabilities, liabilities incurred exclusively in respect of the area;

1.

 (c)in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instruments subsisting and notices given exclusively in respect of the area;

1.

 (d)in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing exclusively in respect of the area.

In this paragraph—

“sited property” means— land, including any interest in land and any easement in, to or over land; buildings not within the meaning of the term “land”; fittings, furniture, equipment and stores supplied in respect of a voluntary school or a controlled community home; lamps, lamp posts and other apparatus forming part of a system not constituting highway matters under paragraph 3;

“specified property”, in relation to any building, means— the fittings, furniture, equipment and records of the building; any stores in the building which have been provided for the discharge of functions therein; any vehicle or other mobile equipment used wholly or mainly in the performance of the functions carried out in the building;

and in the case of any other land means any vehicle or other mobile equipment used wholly or mainly in the performance of the functions carried out on the land.

2.  “County matters”, “district matters”, “parish matters”, “community matters”, “Greater London matters” and “borough matters”, in relation to any area, mean the following classes of local matters—

 (a)in the case of property, property held for the purposes of functions not exercisable in the area on and after the appointed day by the transferor authority or the authority of the relevant class in relation to the transferor authority but so exercisable by the authority specified in respect of the matters transferred in column (3) of the table;

2.

 (b)in the case of liabilities, liabilities incurred in relation to such functions;

2.

 (c)in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instruments subsisting and notices given in relation to such functions;

2.

 (d)in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing in relation to such functions.

In this paragraph, the relevant class of authorities, in relation to any transferor authority described in column (1) below, means the class specified in respect thereof in column (2).

3.  “Highway matters”, in relation to any highway, means —

 (a)the interest of the former highway authority, as such, in the highway, in so far as such interest is not vested in a county council, the Greater London Council or a London borough council by virtue of section 226 of the Highways Act 1959;

3.

 (b)any land held by the former highway authority, as such, for the purposes of their functions in relation to the highway or which has been acquired by them as highway authority for the highway and not appropriated for any other purpose;

3.

 (c)any equipment on or near the highway belonging to the former highway authority as such, including any road lighting system within the meaning of Part III of the Local Government Act 1966 and any other lighting system belonging to the former highway authority as highway authority for the highway; and

3.

 (d)any traffic sign (in the meaning attached to that expression in section 54(1) of the Road Traffic Regulation Act 1967) on or near the highway, belonging to the former highway authority and not comprised in (c).

4.  “Magistrates' court matters”, “police matters” and “probation and after-care matters” mean the following classes of local matters—

(i)in the case of property, property held for the purposes of the relevant functions;

   

(ii)in the case of liabilities, liabilities incurred in relation to such functions;

   

(iii)in the case of contracts, deeds, bonds, agreements and other instruments, and notices, such instrument subsisting and notices given in relation to such functions; and

   

(iv)in the case of actions and proceedings and causes of action or proceeding, such actions and proceedings pending or causes existing in relation to such functions,

and for the purposes of the foregoing definitions “the relevant functions” means —

 (a)in the case of magistrates' court matters, functions exercisable for the purposes of the Magistrates' Courts Acts 1952 and 1957;

   

 (b)in the case of police matters, functions exercisable for police purposes, including the purposes of section 81 of the Road Traffic Regulation Act 1967; and

   

 (c)in the case of probation and after-care matters, functions exercisable in relation to the probation and after-care service.

5.  “The appropriate authority” means — in the case of an area transferred to a county for which there is a combined police authority, that authority; in the case of an area transferred to the Metropolitan Police District, the Receiver for that District; in the case of any other area, the county council of, or the police committee for, the county to which the area is transferred.

6.  No entry in column (2) of the table in this Part of this Schedule shall extend to any property included in any extension of the table effected by the order.

7.  No entry other than the first in the said table shall extend to any property described in such first entry.

PART II

1.—(a) Any question as to the functions for the purposes of which any property is held, any liabilities have been incurred, any contract, deed, bond, agreement or other instrument subsists, any notice has been given or any action or proceeding or cause of action or proceeding relates shall, subject to the provision of sub-paragraph (b), be determined by the transferor authority.

(b)If notice is given by any authority that they are dissatisfied with any determination under sub-paragraph (a), the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.

2.  The provisions of section 187(2) and (3) of the Local Government Act 1972 shall be disregarded.

3.—(a) This paragraph applies to—

(i)any property held for the purposes of section 132 or 133 of the Local Government Act 1972;

(ii)any land acquired under section 112, 114 or 119(1)(a) of the Town and Country Planning Act 1971 or any earlier provision corresponding to any such enactment;

(iii)any land acquired under section 120(1)(b) of the said Act of 1972, section 124(1)(b) thereof or any other provision empowering the acquisition of land for the benefit, improvement or development of any area and not allocated or appropriated for any statutory purpose; and

(iv)any property acquired by a local authority as a gift otherwise than for charitable purposes;

(b)Where any property to which this paragraph applies is, immediately before the appointed day—

(i)in the case of property referred to in sub-paragraph (a)(i), used wholly or substantially so for the purposes of a particular function being purposes authorised by enactments other than the said sections 132 and 133;

(ii)in the case of property referred to in sub-paragraph (a)(ii), used wholly or mainly for the purposes of a statutory function other than those exercised under the Town and Country Planning Acts 1971 and 1972; or

(iii)in the case of property referred to in sub-paragraph (a)(iii) or (iv), used wholly or mainly for the purpose of any statutory function,

it shall for the purposes of paragraph (2) of regulation 62 be deemed to be held for the purposes of the function for which it is so used.

(c)In the application of sub-paragraph (b) any temporary use of the property shall be disregarded.

(d)Two (but not more) functions shall be treated as a single function in the application of sub-paragraph (b).

(e)Any property to which sub-paragraph (b) applies shall be held by the authority to whom it is transferred for the purposes of the function described in (i), (ii) or (iii) of that sub-paragraph or where two functions have been treated as a single function for the purposes of such one of those functions as is determined by the authority to whom the property is transferred.

(f)Any question whether any property to which this paragraph applies is, immediately before the appointed day, used as described in (i), (ii) or (iii) of sub-paragraph (b) shall, subject to the provision of sub-paragraph (g), be determined by the authority in whom the property is, before the appointed day, vested.

(g)If notice is given by any authority that they are dissatisfied with any such determination the question shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State, and sub-paragraph (e) shall apply accordingly. Sub-paragraphs (c) and (d) shall apply in the application of this sub-paragraph.

4.—(a) The provisions of this paragraph shall apply where—

(i)at the appointed day any building or part of a building is to be wholly or substantially so replaced by another building which is completed or in the course of erection or for the erection of which a contract has been entered into, or by part of such building;

(ii)it has been resolved by the transferor authority before the coming into operation of the order that the first-mentioned building or part of a building or the site thereof is to be used for some function other than the one for which it is held; and

(iii)the nature of the building or the location of its site is such as to make it peculiarly suited for use for the purposes of such function rather than for other local government purposes,

and apart from the provisions of this paragraph the two buildings or parts of buildings would be transferred to the same authority.

(b)The transferor authority may determine that for the purposes of paragraph (2) of regulation 62 the land on which the building or part of a building first mentioned in sub-paragraph (a) is erected shall be deemed to be held for the purposes for which by the resolution described in (ii) thereof it is to be used.

(c)If notice is given by any authority concerned that they question whether (i), (ii) or (iii) in sub-paragraph (a) is satisfied, the determination shall be of no effect and the question of the purpose for which the land is to be deemed to be held shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.

5.—(a) The provisions of this paragraph shall have effect in relation to any land appropriate within the 12 months preceding the appointed day and to any financial adjustment made on the appropriation.

(b)Any such land shall for the purposes of paragraph (2) of regulation 62 be treated as held for the purposes for which it has been appropriated, and any financial adjustment made on the appropriation shall be of full effect, unless an authority give notice that the land falls to be treated for the purposes of the said paragraph as being held for the purpose for which it was held before the appropriation, or that the financial adjustment falls to be varied. If such notice is given the question of the purpose for which the land is held, or as the case may be the adjustment to be made, shall be determined by agreement between the authorities concerned or failing such agreement by the decision of a person agreed on by such authorities or in default of agreement appointed by the Secretary of State.