Local Government Act 1972

Part IXE+W Functions

GeneralE+W

179 General provision for transfer of functions.E+W

(1)Subsections (2) to (4) below shall have effect for the purpose of adapting the provisions of—

(a)public general Acts passed before, or during the same session as, this Act; and

(b)instruments made before the passing of this Act under public general Acts, being instruments of a legislative character and not being instruments in the nature of local enactments;

and, in particular, for the purpose of providing for the exercise of functions conferred by such provisions, but those subsections shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made.

(2)In any such provision any reference to an administrative county or its council, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified county or council or is to be construed as such, be construed as a reference to a new county or its council, as the case may be.

(3)In any such provision any reference to an urban district (whether as such or as a district or county district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified district or council or is to be construed as such, be construed as a reference to a new district or its council, as the case may be.

(4)In any such provision any reference to a rural parish (whether as such or as a parish) or the council or meeting of such a parish, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified parish or its council or meeting, be construed—

(a)as respects England, as a reference to a parish or, as the case may be, its council or meeting; and

(b)as respects Wales, as a reference to a community or, as the case may be, its council, if any.

The environmentE+W

180 Public health.E+W

(1)For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall—

(a)for a district, be the district council;

(b)for a London borough, be the borough council;

(c)for the City, be the Common Council;

(d)for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively;

[F1(e)for a Welsh county or county borough, be the county council or county borough council;]

but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act.

(2)The M1Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters.

(3)This section applies to the following enactments:—

(a)the Public Health Acts 1875 to 1925;

[F2(b)the M2Alkali, &c. Works Regulation Act 1906;]

(c)the M3Public Health Act 1936, except so much of it as falls within section 181(1) or (2) below;

[F3(d)section 8 of the M4Local Government (Miscellaneous Provisions) Act 1953;]

(e)Part XIII of the M5Mines and Quarries Act 1954;

F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F3(g)section 1 of the M6Noise Abatement Act 1960;]

(h)the M7Public Health Act 1961, except so much of it as falls within section 181(2) below;

F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(k)section 6 of the M8Chronically Sick and Disabled Persons Act 1970.

(4)Expressions used in this section and Schedule 14 to this Act and in the M9Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.

181 Water and sewerage.E+W

(1)For the purposes of the following enactments, that is to say—

(a)Part IV of the M10Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV;

(b)the M11Rural Water Supplies and Sewerage Act 1944, so far as relating to water;

(c)section 12 of the M12Local Government (Miscellaneous Provisions) Act 1953;

(d)the M13Water Acts 1945 M14 and 1948 and the M15Water Act 1958;

the local authority shall, for any district, be the district council, and for any London borough, be the borough council [F7and for any principal area in Wales, be the principal council].

(2)For the purposes of the following enactments, that is to say—

(a)[F8sections 15, 17–24, 27, 29–34, 36 and 42] of the M16Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;

(b)the M17Public Health (Drainage of Trade Premises) Act 1937;

(c)the M18Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage;

(d)section 13 of the M19Local Government (Miscellaneous Provisions) Act 1953;

(e)sections 12 to 15 and Part V of, and Schedule 2 to, the M20Public Health Act 1961;

the local authority shall for any area outside Greater London be the district council.

F9(3)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(9)An order under section 6 of the M21Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions—

(a)subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or

(b)free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.

X1(10)Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.

(11)In this section—

• “sewerage functions” means functions under any of the enactments mentioned in subsection (2) above; and

• . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10

182 Town and Country Planning.E+W

F11(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In that Schedule—

F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and

F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F12(4)–(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F13183. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

184 National Park and countryside functions.E+W

[F14(1)The functions conferred on a local planning authority by or under the National Parks and Access to the M22Countryside Act 1949 and the M23Countryside Act 1968 shall—

(a)as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and

(b)as respects Wales, be exercisable in accordance with [F15subsections (7) and (8) below].]

(2)The following of the said functions, that is to say those conferred by—

(a)Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and

(b)sections 12(5), 13 and 14 of the said Act of 1968;

shall, subject to subsection (3) below F16. . ., be functions of the county planning authority.

(3)The functions of a local planning authority under [F17section 9] of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.

(4)All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, F18. . ., be exercisable both by county planning authorities and district planning authorities.

(5)References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.

F19(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.

(8)In that Schedule “the 1949 Act” and “the 1968 Act” mean the said Acts of 1949 and 1968 respectively.

185 Town development.E+W

(1)In the M24Town Development Act 1952 (in this section referred to as “the principal Act”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”.

F20(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—

(a)amendments consequential on this Part of this Act, and

(b)amendments incorporating provisions of section 34 of the M25Housing Act 1961 and subsections (1) and (2) of section 61 of the M26London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).

(5)Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.

186 Traffic and transportation functions.E+W

F21(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F23(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F24(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6)So much of section 6 of the M27Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—

(a)may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and

(b)may, if they think fit, determine that any such charges shall no longer be made;

and so much of section 1(2) of the M28Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.

(7)In subsection (6) above, “local authority” includes any existing county borough or county district council and the Common Council.

187 Local highway authorities and maintenance powers of district councils.E+W

F25(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)With respect to footpaths [F26, bridleways and restricted byways] within their area a district council [F27or, where they are not the highway authority, a Welsh principal council] shall have—

(a)the like powers as a highway authority under section 57(3) of the National Parks and Access to the M29Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and

F25(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F28(3A)“Restricted byway“ has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000.]

F25(4)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F29188. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

189 Commons.E+W

(1)F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F30. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)The references in section 12 of the M30Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—

(a)with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;

(b)with respect to a green or land in a community where there is a community council, as references to the community council;

(c)with respect to any other green or land, as references to the council of the district [F31or Welsh principal area] in which the green or land is situated;

and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district [F32or (as the case may be) area].

X2(4)In section 193(1) of the M31 Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.

190 Sites for gipsy encampments.E+W

F33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

191 Ordnance survey.E+W

(1)In its application outside Greater London, the M32Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the following modifications.

(2)An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council [F34(or, in Wales, a principal council)] and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.

F35(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)References, in whatever terms, in the 1841 Act—

(a)to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require [F34or, in Wales, the principal council)], and

(b)to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require [F34(or, in Wales, the principal council)].

(5)F36. . . References in that Act to a county include references to any [F37preserved county or] local government area within the meaning of this Act.

Education, social and welfare servicesE+W

F38192. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F39193, 194.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

195 Social services functions.E+W

(1)Outside Greater London, the local authorities for the purposes of the M33Local Authority Social Services Act 1970 (in this section referred to as “the Act of 1970”) shall be the councils of non-metropolitan counties and the councils of metropolitan districts; and accordingly in section 1 of that Act for the words “counties, county boroughs” there shall be substituted the words “ non-metropolitan counties, metropolitan districts ”.

(2)In a non-metropolitan county [F40in England] each district council and the county council shall from time to time consult together with respect to the nature and extent of the accommodation needed for people who by reason of infirmity or disability (whether arising from age or otherwise) are in need of accommodation of a special character.

(3)The following proposals and schemes, so far as in force immediately before 1st April 1974, that is to say,—

(a)proposals approved under section 20 of the M34National Health Service Act 1946 relating to the duties of local health authorities under section 22 of that Act (care of mothers and young children) or under section 12 of the M35Health Services and Public Health Act 1968 (prophylaxis, care and after-care), and

(b)schemes approved under section 34 of the M36National Assistance Act 1948 (relating to the provision of accommodation, the welfare of handicapped persons and the employment of disabled persons),

shall cease to have effect; and the local authorities who, by virtue of section 1 of the Act of 1970, F41. . ., are the local authorities for the purposes of that Act may, with the approval of the Secretary of State, and to such extent as he may direct shall, make arrangements for carrying out the functions to which those proposals and schemes formerly related.

(4)Any delegation scheme under section 46 of the M37Local Government Act 1958 (relating to health and welfare functions) which is in force immediately before 1st April 1974 shall cease to have effect.

(5)Any scheme or regional plan made by a children’s regional planning committee under the M38Children and Young Persons Act 1969 and in force immediately before 1st April 1974 shall, subject to the provisions of that Act, continue in force with such modifications as may be necessary to take account of the replacement of the existing local authorities by the new authorities.

(6)The enactments specified in Schedule 23 to this Act, being enactments conferring social services functions on local authorities in varying capacities, shall have effect subject to the amendments specified in that Schedule, being amendments designed—

(a)to vest those functions in the local authorities who, by virtue of section 1 of the Act of 1970, as amended by subsection (1) above, are the local authorities for the purposes of that Act; and

(b)to give effect to subsection (3) above, as it affects those authorities.

[F42(7)In section 64(1) of the M39National Assistance Act1948 (interpretation), in the definition of “local authority”, the words “county borough” shall be omitted and, after word “district”, there shall be inserted the words “ or London borough or the Common Council of the City of London ”.]

Miscellaneous functionsE+W

F43196. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

197 Fire services.E+W

(1)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)F44. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F45(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X3(5)In section 10 of the M40 Fire Services Act 1947, as amended by Schedule 8 to the M41 Local Government Act 1958 (power to make schemes in advance of alterations of local government areas) for the words from the beginning to “combined authorities” there shall be substituted the words “ If an order is made under Part IV of the Local Government Act 1972 constituting any area as a new county or altering the area of a county ”F46. . .

F47198, 199.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F48200. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

F49201. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

202 Public transport in passenger transport areas.E+W

F50(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2)F51. . ., Part II of the M42Transport Act 1968 shall have effect in its application to England and Wales subject to the amendments specified in Part I of Schedule 24 to this Act, being amendments—

(a)to assimilate in certain respects the provisions of the said Part II to those of Part II of the M43Transport (London) Act 1969;

(b)to make further provision with respect to the control of a Passenger Transport Executive by the Passenger Transport Authority; and

(c)to remove, or to transfer to the Passenger Transport Authority, certain functions originally conferred on the Secretary of State.

(3)F52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F53(4)—(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(8)Expressions used in this section have the same meanings as in the M44Transport Act 1968.

F54203. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

204 Licensing: licensed premises, cinemas, theatres and refreshment houses.E+W

F55. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F56205. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

206 Public libraries and museums (England).E+W

The local authorities for the purposes of the M45Public Libraries and Museums Act 1964 in England shall be county councils, F57. . ., London borough councils, district councils, the Common Council and the Council of the Isles of Scilly and, subject to the provisions of section 5 of that Act, each of the following authorities, that is to say—

(a)the council of a non-metropolitan county;

(b)the council of a London borough and the Common Council;

(c)the council of a metropolitan district;

shall be a library authority for those purposes.

F58207. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

208 Amendments of Public Libraries and Museums Act 1964.E+W

(1)It shall not be necessary for any local authority within the meaning of the M46Public Libraries and Museums Act 1964 to obtain the consent of the Secretary of State to the provision of a museum or art gallery under section 12(1) of that Act or to the transfer of a museum or art gallery and its collections under section 12(2) of that Act, or to apply for an order under section 15(2) of that Act for the purpose of amalgamating a fund established under that section with a similar fund maintained under a local Act, and accordingly in the said section 15(2) for the words after “aforesaid” there shall be substituted the words “ it may amalgamate the funds, but without prejudice to the effect of any condition attached to any particular gift received by the authority ”.

(2)The powers conferred by section 14 of the said Act of 1964 (contributions to expenses of museums and art galleries) on certain local authorities shall be exercisable by every local authority within the meaning of that Act, whether or not a library authority or maintaining a museum or art gallery.

X4(3)The following additional amendments shall be made in the said Act of 1964—

(a)in section 4(2)(a), after the word “council” there shall be inserted the words “ in Wales ”;

(b)in sections 5(3), 6(5) and (6), 10(2), 11(2) and 21, for the words “non-county borough or urban district”, wherever occurring, there shall be substituted the words “ district in Wales ”;

(c)in the proviso to section 5(3), for the words from “at the request” to “40,000” there shall be substituted the words “ if the Secretary of State thinks fit ”;

(d)in section 6(6), after the word “above” there shall be inserted the words “ or under section 207 of the Local Government Act 1972 ”;

(e)in section 6(7), for the words from the beginning to “above he” there shall be substituted the words “ Where the council of a district in Wales are constituted a library authority under section 207 of the Local Government Act 1972, the Secretary of State ”, and for the words “approved council” there shall be substituted the words “ council so constituted ”;

(f)in section 11(2), the reference to section 60(2) of the M47 Local Government Act 1958 shall be construed as a reference to section 255 below ;

(g)in section 15(1), after the word “maintaining” there shall be inserted the words “ or proposing to provide ” and for the words from “for the time being” onwards there shall be substituted the words “ which the authority maintains or proposes to provide under that section ” ;

(h)in section 16, for the words “local authority” there shall be substituted the words “ library authority ”;

(i)in section 21, in subsections (1) and (3) after the words “county council” there shall be inserted the words “ in Wales ” and in subsection (1) the words from “and expenses” onwards shall cease to have effect;

(j)in section 24(1), for the words “this Act” there shall be substituted the words “ the provisions of this Act relating to libraries ” and for the word “county” there shall be substituted the words “ non-metropolitan county ”;

(k)in Schedule 2, in paragraph 2(1), the words from “but except” onwards shall cease to have effect.

F59209. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

210 Charities.E+W

(1)Where, immediately before 1st April 1974, any property is held, as sole trustee, exclusively for charitable purposes by an existing local authority for an area outside Greater London, other than the parish council, parish meeting or representative body of an existing rural parish in England (but including the corporation of a borough included in a rural district), that property shall vest (on the same trusts) in a new local authority in accordance with subsections (2) to (5) below.

(2)Subject to subsection (3) below, where the property is held by one of the existing authorities specified below, and is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority specified below, the area of which comprises the whole or the greater part of that specified area, and where the property is so held but is not held for such a benefit, it shall vest in the new authority specified below, the area of which comprises the whole or the greater part of the area of the existing authority, that is to say—

(a)where the existing authority is a county council, the new authority is the council of the new county;

(b)where the existing authority is the council of a borough or urban district in England, the new authority is the council of the parish constituted under Part V of Schedule 1 to this Act or, where there is no such parish, the council of the district;

(c)where the existing authority is the council of a borough or urban district in Wales, the new authority is the council of the community or, where there is no such council, the council of the district; and

(d)where the existing authority is a rural district council, then, if the rural district is coextensive with a parish, the new authority is the parish council, and in any other case the new authority is the council of the district.

(3)Where the property is held by an existing county council or county borough council for the purposes of a charity registered in the register established under section 4 of the M48Charities Act 1960 in any part of that register which is maintained by the Secretary of State by virtue of section 2 of that Act (educational charities) then—

(a)if the property is so held for the benefit of, or of the inhabitants of, or of any particular class or body of persons in, a specified area, the property shall vest in the new authority which is the local education authority for the whole or the greater part of that specified area, and

(b)in any other case, the property shall vest in the new authority which is the local education authority for the whole or the greater part of the area of the existing county council or county borough council by which the property is held.

(4)Where the property is held by the corporation of a borough included in a rural district, it shall vest in the parish council for the parish consisting of the area of the existing borough.

(5)Where the property is held by the parish council, parish meeting or representative body of an existing rural parish in Wales, then—

(a)in the case of property held by an existing parish council, the property shall vest in the community council for the community or group of communities, the area or areas of which are co-extensive with the area of the parish or parishes for which the existing parish council act;

(b)in the case of property held by the parish meeting or representative body of an existing parish the area of which is comprised in a community for which there is a community council, the property shall vest in that community council; and

(c)in any other case, the property shall vest in the council of the district which comprises the area of the existing rural parish.

(6)Where, immediately before 1st April 1974, any power with respect to a charity, not being a charity incorporated under the Companies Acts or by charter, is under the trusts of the charity or by virtue of any enactment vested in, or in the holder of an office connected with, any existing local authority to which subsection (1) above applies, that power shall vest in, or in the holder of the corresponding office connected with, or (if there is no such office) the proper office of, the corresponding new authority, that is to say, the new authority in which, had the property of the charity been vested in the existing local authority, that property would have been vested under subsections (1) to (5) above.

(7)References in subsection (6) above to a power with respect to a charity do not include references to a power of any person by virtue of being a charity trustee thereof; but where under the trusts of any charity, not being a charity incorporated under the Companies Acts or by charter, the charity trustees immediately before 1st April 1974 include either an existing local authority to which subsection (1) above applies or the holder of an office connected with such an existing local authority, those trustees shall instead include the corresponding new authority as defined in subsection (6) above or, as the case may require, the holder of the corresponding office connected with, or (if there is no such office) the proper officer of, that authority.

F60(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F61(9). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(10)Nothing in the foregoing provisions of this section shall affect any power of Her Majesty, the court or any other person to alter the trusts of any charity and nothing in those provisions shall apply in a case to which section 211 below applies.

(11)In this section the expression “local authority”, in relation to a parish, includes a parish meeting and the representative body of a parish, and the expressions “charitable purposes”, “charity”, “charity trustees”, “court” and “trusts” have the same meanings as in the M49Charities Act 1960.

211 Welsh Church funds.E+W

(1)Any property which, immediately before 1st April 1974, is vested in the council of an existing county or county borough in Wales and is required to be applied in accordance with a scheme under section 19 of the M50Welsh Church Act 1914 (application of Welsh Church funds for charitable or eleemosynary purposes) shall be vested, by virtue of this Act, in the council of the new county which comprises the whole or the greater part of the area of that existing county or county borough.

(2)Where, by virtue of subsection (1) above, property vested in the council of an existing county becomes vested in the council of a new county which does not comprise the whole of the area of the existing county, the new county council shall transfer an apportioned part of the property to each of the other new county councils whose areas include parts of the area of the existing county.

(3)An apportionment for the purposes of subsection (2) above shall be made by agreement between the new county councils concerned, or, in default of such an agreement, shall be determined by arbitration before a single arbitrator appointed by agreement between those councils or, in default of such an agreement, appointed by the Secretary of State.

(4)The vesting or transfer of any property by virtue of this section shall not affect the application of the property in accordance with the scheme under section 19 of the M51Welsh Church Act 1914 which is applicable to it immediately before 1st April 1974 or the amendment or revocation of any such scheme by a further scheme under that section.

F62212. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .E+W

213 Local licence duties.E+W

F63. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

214 Cemeteries and crematoria.E+W

(1)The following authorities, that is to say, the councils of [F64Welsh counties, county boroughs] districts, London boroughs, parishes and communities, the Common Council and the parish meetings of parishes having no parish council, whether separate or common, shall be burial authorities for the purposes of, and have the functions given to them by, the following provisions of this section and Schedule 26 to this Act; and—

(a)the powers conferred by the Burial Acts 1852 to 1906 to provide burial grounds shall cease to be exercisable; and

(b)any existing burial board, joint burial board or joint committee with the powers of such a board established under the M52Burial Act 1852 or section 53(2) of the M53Local Government Act 1894 or by any local statutory provision shall cease to exist.

(2)Burial authorities may provide and maintain cemeteries whether in or outside their area.

(3)The Secretary of State may by order make provision with respect to the management, regulation and control of the cemeteries of burial authorities and any such order may—

(a)impose a fine for any contravention of the order; and

(b)contain such provision amending or repealing any enactment (including any enactment in Schedule 26 to this Act) or revoking any instrument made under any enactment as appears to the Secretary of State to be necessary or proper in consequence of the order.

(4)An order under this section may only be made after consultation with associations appearing to the Secretary of State to be representative of local authorities and with other bodies appearing to him to be concerned, and any such order shall be of no effect unless approved by a resolution of each House of Parliament.

(5)A burial authority within the meaning of this section, other than a parish meeting, shall also be a burial authority for the purposes of the M54Cremation Acts 1902 M55 and 1952.

(6)A burial authority may contribute towards any expenses incurred by any other person in providing or maintaining a cemetery in which the inhabitants of the authority’s area may be buried.

(7)Schedule 26 to this Act shall have effect with respect to the exercise of functions of burial authorities and the management of cemeteries and crematoria and for making amendments and modifications of the enactments relating to cemeteries and crematoria.

(8)In this section and that Schedule “cemetery” includes a burial ground or any other place for the interment of the dead (including any part of any such place set aside for the interment of a dead person’s ashes).

215 Maintenance of a closed churchyard.E+W

(1)Subject to subsection (2) below, where outside the area subject to the M56Welsh Church Act 1914 a churchyard has been closed by an Order in Council, the parochial church council shall maintain it by keeping it in decent order and its walls and fences in good repair.

(2)A parochial church council which is liable under subsection (1) above to maintain a closed churchyard may—

(a)if the churchyard is in a parish or community having a separate parish or community council, serve a written request on that council to take over the maintenance of the churchyard;

(b)if the churchyard is in a parish not having a separate parish council, serve such a request on the chairman of the parish meeting;

(c)if the churchyard is in a community not having a separate community council, serve such a request on the council of the [F65county or county borough] in which the community is situated; or

(d)if the churchyard is in England elsewhere than the City and the Temples and is not in any parish, serve such a request on the council of the district or London borough in which the churchyard is situated;

and, subject to subsection (3) below, the maintenance of the churchyard shall be taken over by the authority on whom the request is served or the parish meeting, as the case may be, three months after service of the request.

(3)If, pursuant to subsection (2) above, a request is served on a parish or community council or the chairman of a parish meeting and, if that council or meeting so resolve and, before the expiration of the said three months, give written notice of the resolution to the council of the [F66district, Welsh county or (as the case may be) county borough] and to the parochial church council maintaining the churchyard, the [F67local authority to whom the notice is given] , and not the parish or community council or parish meeting, shall take over the maintenance of the churchyard at the expiration of the said three months.

(4)Where before the passing of this Act a church council established under the constitution of the Church in Wales, in purported exercise of the powers conferred by section 18 of the M57Burial Act 1855 (maintenance of closed churchyard payable out of rates), issued a certificate with respect to a closed churchyard to a local authority, and that authority thereupon took over the maintenance of the churchyard, the authority’s action shall be deemed to have been lawful for all purposes, and the authority for the time being responsible for the maintenance of the churchyard shall have the like duty with respect to its maintenance as a parochial church council elsewhere than the area subject to the M58Welsh Church Act 1914.

(5)In subsection (1) above, “the area subject to the M59Welsh Church Act 1914” means the area in which the Church of England was disestablished by that Act.