The Local Authorities etc. (Miscellaneous Provision) Order 1977

Mortlake Crematorium

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

(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.