SCHEDULES.

Sections 30, 31, 36.

FIRST SCHEDULE

Sections 30, 36.

PART IFunctions exercisable in Rural Districts exclusively by county councils.

Section 30.

PART IIFunctions exercisable in Rural Districts by County Councils and by District Councils with the consent op the county council.

Sections 31, 36.

PART IIIFunctions exercisable in Urban Districts as respects County Roads exclusively by County Councils.

Section 31.

PART IVFunctions exercisable in Urban Districts as respects County Roads by County Councils and by District Councils.

Section 31.

PART VFunctions exercisable in Urban Districts as respects county roads by county councils and by District Councils with the consent of the County Council.

Note.

A county council shall be entitled to exercise any functions under the enactments mentioned in this Schedule without the necessity of any resolution of adoption, or of any order or declaration of any Government Department; but, subject to the modifications contained in this Schedule, shall exercise the functions subject to the like right of appeal and other conditions as apply in the case of a district council.

The modifications of enactments contained in this Schedule shall not apply to district councils (except where a district council is in pursuance of Part III of this Act exercising the functions of a county council as agents for that council).

Section 85.

SECOND SCHEDULEDiscontinued Grants.

1The grants payable out of the Consolidated Fund or the growing produce thereof into the Local Taxation Account.

2The grants in aid of certain health services, that is to say, grants for maternity and child welfare, other than the training of midwives and health visitors, grants for the treatment of tuberculosis, grants for the treatment of venereal diseases, grants for the welfare of the blind, and grants in respect of mental defectives.

3Road grants, that is to say, grants made as classification grants in respect of roads and bridges classified by the Minister of Transport as roads and bridges of Class I. or Class II. in London and county boroughs, and as grants for the maintenance of unclassified roads in counties.

Section 85.

THIRD SCHEDULEProvisions as to certain payments which before the appointed day were payable out of Local Taxation Accounts or out of money which would have been payable to those accounts or which were payments required to be charged to Exchequer Contribution Accounts.

Payments to Cattle Pleuro-Pneumonia Account.

1(1)If in any financial year the money standing to the credit of the Cattle Pleuro-Pneumonia Account of Great Britain is insufficient to defray the costs and expenses of the Diseases of Animals Acts, 1874 to 1927, made payable out of that account, an amount equal to the deficiency shall be paid out of moneys provided by Parliament and carried to that account; and accordingly so much of section eighteen of the Diseases of Animals Act, 1894, as limits the amount payable into that account out of moneys provided by Parliament and the proviso to subsection (1) of that section shall cease to have effect.

(2)The Treasury may at any time within any financial year temporarily advance to the said account out of the Consolidated Fund or the growing produce thereof such sums as may from time to time be required for the purpose of mailing any payments properly falling to be made out of that account, but any sums so advanced shall be repaid out of moneys provided by Parliament before the end of the said year.

Payments in respect of Sates on certain Tithe Rentcharges and Payments in lieu of Tithe.

2The Commissioners of Church Temporalities in Wales as respects any tithe rentcharge or any payment in lieu of tithe which is vested in them under the Welsh Church Acts, 1914 and 1919, and as respects which they were at the appointed day liable to pay one-half only of any rate or part of a rate, and the owner for the time being of any tithe rentcharge or payment in lieu of tithe as respects which the owner was at the appointed day liable to pay one-half only of any rate or part of a rate, shall continue to be liable to pay only one-half of the amount of any such rate or part of a rate which is assessed on them or him as owners or owner of any such tithe rentcharge or payment in lieu of tithe, and the remaining one-half shall on demand being made by the collector of the rate on the surveyor of taxes for the district, be paid by the Commissioners of Inland Revenue, and the sums so payable by the Commissioners shall be charged on and issued out of the Consolidated Fund or the growing produce thereof instead of being paid out of the sums which would have been payable to the Local Taxation Account.

Payments towards salaries of Medical, Officers of Health, die.

3Every county council and county borough council shall continue to make the like payments as they were, before the appointed day, required to make under paragraph (c) of subsection (2) of section twenty-four of the Local Government Act, 1888; that is to say, they shall pay to every local authority for any area wholly or partly in the county or county borough by whom a medical officer of health or sanitary inspector is paid one-half of the salary of that officer, where his qualification, appointment, salary, and tenure of office are in accordance with the regulations made by order under the Public Health Act, 1875, or the Public Health (London) Act, 1891; but if the Minister certifies to the council that any such medical officer has failed to send to the Minister such report and returns as are for the time being required by the regulations respecting his duties made by order of the Minister under either such Act as aforesaid, or if the local authority have failed to comply with the provisions of the Public Health (Officers) Act, 1921, the said sum equal to one half of the salary shall be forfeited to the Crown and shall be paid to the Exchequer and not to the said local authority :

Provided that, where the area of any such local authority is not wholly comprised in one county or county borough, a certified proportionate part only of the sum otherwise payable shall be paid by the council of each such county or county borough.

Payments to Public Vaccinators.

4(1)Every county council and county borough council shall continue to make to public vaccinators the like payments as they were, before the appointed day, required to make to them under paragraph (a) of subsection (2) of section twenty-four of the Local Government Act, 1888; that is to say, they shall pay to every public vaccinator for a vaccination district wholly or partly in the county or county borough, such sums as the Minister may from time to time certify to be due from the council in substitution for the payments to public vaccinators under section five of the Vaccination Act, 1867:

Provided that, where a vaccination district is not wholly comprised in one county or county borough, a certified proportionate part only of the sum otherwise payable shall be payable by the council of each such county or county borough to the public vaccinator.

(2)The Minister shall fix the amount due on the like principles and may impose the like conditions for the payment thereof aa before the passing of the Local Government Act, 1888.

(3)The Minister may, if he thinks fit vary a certificate granted for the purposes of this paragraph, but unless so varied it shall be conclusive.

Sections 90, 91, 92, 98, 109, 110, 134.

FOURTH SCHEDULERules for calculations in respect of General Exchequer Grants.

Sections 92, 134.

PART I

Rules for determining Losses on account of Rates.

1There shall be estimated and certified as respects each rating area—

(a)the expenditure in respect of the standard year which would have fallen to be borne by rates levied in that area on the following assumptions :—

(i)that, elsewhere than in the County of London, section nine of the Rating and Valuation Act, 1925, and not paragraph 10 of the Seventh Schedule to that Act, had been in operation with respect to precepts issued by county councils; and

(ii)that the expenditure on the transferred services had been expenditure by a county council or a county borough council, and, in the case of a county, had been expenditure for general county purposes; and

(iii)that, in the case of the County of London, the London (Equalisation of Rates) Act, 1894, had not been in force in the standard year;

(b)the unreduced rateable value of the area ;

(c)the reduced rateable value of the area ;

(d)the difference between the unreduced rateable value and the reduced rateable value of the area; which difference increased by a percentage ascertained in the prescribed manner in respect of losses in the collection of rates is hereinafter referred to as " the loss of rateable value."

2In estimating and certifying the expenditure on the transferred services by a county or county borough council for the purposes of the foregoing rule in any case where the area of a highway authority or poor law authority is not wholly comprised in one county or county borough, the expenditure of the authority shall be apportioned between the several counties and county boroughs into which the area extends, and the amount apportioned to any such county or county borough shall be deemed to be expenditure by the council of that county or county borough on the transferred services.

3The loss on account of rates of a rating area shall be a sum bearing the same proportion to expenditure which would have fallen to be borne by rates as aforesaid as the loss of rateable value of the area bears to the unreduced rateable value thereof, and where a rating area comprises any separately rated area, the loss on account of rates in respect of the expenditure in regard to which the area is separately rated shall be separately determined in accordance with the rules contained in this Part of this Schedule.

4The loss on account of rates of a county shall be the aggregate of the losses on account of rates of the several separate rating areas within the county, and where a rating area is partly in one and partly in another county, the part in each county shall be treated as if it were a separate rating area.

5For the purpose of determining the loss on account of a special rate, the foregoing rules shall have effect as if—

(a)the expression " rates " meant such special rate:

(b)the expression " separately rated area " meant the area in which such special rate is levied;

(c)the reduced and unreduced rateable value of any hereditament to which subsection (2) of section three of the Rating and Valuation Act, 1925, applies, were one-fourth part thereof;

and the loss on account of the special rates of a district shall be the aggregate of the losses on account of special rates of the areas in which special rates are levied within the district.

6For the purpose of determining the loss on account of a parish rate, the foregoing rules shall have effect as if the expression " rates " meant such parish rate, and the expression " separately rated area " meant the parish or the part of a parish in which such parish rate is levied; and the loss on account of parish rates of a district shall be the aggregate of the losses on account of parish rates of the parishes or parts of parishes in which parish rates are levied within the district.

7The loss on account of rates of the common council of the City of London and of a metropolitan borough council shall be determined in accordance with the foregoing rules, subject to the following modifications :—

(a)the expenditure to be estimated and certified shall be the expenditure of the council in respect of the standard year falling to be borne by rates;

(b)the loss of the council on account of rates shall be the aggregate of the losses on account of rates levied in respect of the expenditure of the council in the several separately rated areas within the city or metropolitan borough.

Section 134.

PART II

Rules for Determining Losses on Account of Chants.

1There shall be estimated and certified the amounts paid or payable in respect of the standard year to spending authorities within each county and county borough out of the discontinued grants, after deducting therefrom a sum equal to such part of the amounts paid or payable in respect of the standard year out of the Local Taxation Account or out of the proceeds of duties on local taxation licences levied and retained by the council of the county or county borough as was in pursuance of any statutory requirement applicable for the purposes of higher education or police services within the county or county borough :

Provided that—

(a)for the purposes of this rule, no part of the annual or additional annual grant made under the Agricultural Rates Acts, 1896 and 1923, shall be deemed to have been so applicable as aforesaid; and

(b)any financial adjustment between spending authorities in force with respect to the standard year, which affected the allocation of the amounts paid or payable to such authorities out of the discontinued grants, shall be taken into account in estimating the said amounts.

2The amounts aforesaid shall be estimated and certified as if road grants had been made in respect of the standard year at the rates at which they were payable immediately before the appointed day.

3In estimating and certifying the amounts aforesaid, in any case where the area for which a spending authority acts is not wholly comprised in one county or county borough, the amount paid or payable to the spending authority out of the discontinued grants shall be apportioned between the several counties and county boroughs into which the area extends, and the amount apportioned to any county or county borough shall be deemed to be an amount paid or payable to a spending authority within that county or county borough.

4The loss on account of grants of a spending authority shall be the amounts so estimated and certified as respects that authority, and the loss on account of grants of a county or county borough shall be the aggregate of the losses on account of grants of the spending authorities within the county or county borough.

5For the purpose of the rules contained in this Part of this Schedule—

(a)the expression spending authorities shall include voluntary associations and joint authorities (including the receiver for the metropolitan police district) to which grants were paid or payable in respect of the standard year; and

(b)any grants paid or payable in respect of the standard year to the King Edward the Seventh Welsh National Memorial Association for the purposes of sanatoria or other institutions for the treatment of tuberculosis shall be treated as if they had been included among the amounts paid or payable out of the discontinued grants; and

(c)the area for which a voluntary association acts shall be determined by the Minister.

6As respects the County of London—

(a)the Minister may by order determine the extent to which grants to voluntary associations in respect of maternity and child welfare services carried on by them are to be apportioned as if they had been grants to the London County Council, on the one hand, and to the common council and the metropolitan borough councils on the other hand;

(b)the loss on account of grants of the common council or of a metropolitan borough council shall be the loss on account of grants of the council as a spending authority, together with the loss of such part, if any, of the grants to voluntary associations as may be apportioned to the council under the last foregoing paragraph and the appropriate proportion of the loss on account of grants of the receiver for the metropolitan police district.

Sections 90, 98, 110, 134.

PART III

Rules for determining Weighted Population.

1The estimated population of the county or county borough in the appropriate year shall be increased—

(i)if the estimated number of children under five years of age per thousand of the estimated population exceeds fifty, by the percentage represented by the proportion which that excess bears to fifty;

(ii)if, according to the valuation lists in force on the appropriate date, the rateable value per head of the estimated population of the county or county borough is less than ten pounds, by the percentage represented by the proportion which the deficiency bears to ten pounds.

2There shall be estimated and certified the average numbers during the three calendar years immediately preceding the beginning of each fixed grant period of unemployed insured men and of unemployed insured women resident in each county and county borough, and there shall be ascertained the percentage represented by the proportion which the number of unemployed insured men increased by ten per cent. of the number of unemployed insured women bears to the average estimated population of the county or county borough for those three years, and if as respects any county or county borough that percentage exceeds one-and-a-half, the estimated population of the county or county borough in the appropriate year as increased in accordance with Role 1 contained in this Part of this Schedule shall be further increased by a percentage equal to the amount of such excess multiplied by the appropriate multiple.

3There shall be ascertained and certified the number of miles of road in every county other than the county of London, and the estimated population of every such county as increased in accordance with Rule 1 contained in this Part of this Schedule shall be further increased—

(a)in the case of a county in which the estimated population per mile of roads is in the appropriate year less than one hundred, by the percentage represented by the proportion which the difference between two hundred and the estimated population per mile of roads bears to two hundred; and

(b)in the case of a county in which the estimated population per mile of roads is in the appropriate year one hundred or more, by the percentage represented by the proportion which fifty bears to the estimated population per mile of roads.

4The estimated population of the county or county borough as increased in accordance with the provisions of the foregoing rules contained in this Part of this Schedule shall be the weighted population of the county or county borough.

5For the purposes of this Part of this Schedule:—

• " The appropriate date " shall, as respects the first fixed grant period, be the first day of October nineteen hundred and twenty-nine, and as respects every other fixed grant period, the first, or in London the sixth, day of April in the last year of the preceding fixed grant period:

• " The appropriate multiple " shall, as respects the first and second fixed grant periods, be ten, and as respects any subsequent fixed grant period be a number ascertained in the following manner:—

  (i)

  the ratio which the total amount of the General Exchequer Contribution in the fixed grant period in question bears to the part thereof distributed in that fixed grant period under paragraph (b) of subsection (1) of section eighty-eight of this Act shall be ascertained :

  (ii)

  the ratio which the total amount of the General Exchequer Contribution in the first fixed grant period bears to the part thereof distributed in that fixed grant period under the said paragraph shall be ascertained :

  (iii)

  the required number shall be such number as bears to ten the same proportion as the ratio ascertained under paragraph (i) of this rule bears to the ratio ascertained under paragraph (ii) thereof.

Sections 91, 110.

PART IV

Rules for calculating sums to be allocated to Districts on the basis of Population.

1The number of pence produced by dividing one half of the total amount of the county apportionments (exclusive of any sums paid out of moneys provided by Parliament to make good a deficiency in any such apportionment) to counties other than London by the aggregate of the estimated populations of those counties in the appropriate year shall be ascertained to the nearest penny.

2The amount to be allocated to an urban district shall be the number of pence ascertained under Rule 1 contained in this Part of this Schedule multiplied by the estimated population of the district in the appropriate year.

3The amount to be allocated to a rural district shall be one-fifth of the number of pence ascertained under Rule 1 contained in this Part of this Schedule multiplied by the estimated population of the district in the appropriate year.

Sections 94, 96, 97, 100, 109.

FIFTH SCHEDULERules for ascertaining Gains and Losses of Areas.

1There shall be estimated and certified as respects each separately rated area the rate in the pound required to raise an amount certified as being the amount of the expenditure for the standard year falling to be borne by rates (other than special and parish rates) in that area on the assumptions that the rateable values of all hereditaments were the unreduced rateable values thereof, and that the expenditure on the transferred services was incurred by the various spending authorities as existing before the transfer of those services.

2There shall be estimated and certified the rate in the pound which would be required to raise an amount certified as being the amount of such part of the expenditure for the standard year as would have fallen to be borne by rates (other than special and parish rates) in that area on the following assumptions—

(a)that the rateable values of all hereditaments were the reduced rateable values thereof; and

(b)that the expenditure on the transferred services was expenditure by the county council or the county borough council and in the case of a county was expenditure for general county purposes; and

(c)that the standard year was a year falling within the first fixed grant period and that the provisions of Part VI. of this Act, other than sections ninety-four, ninety-six, ninety-seven and one hundred had been in operation.

3In estimating and certifying the expenditure on the transferred services by a county council or county borough council in any case where the area for which a highway authority or poor law authority acts is not wholly comprised in one county or county borough, the expenditure of the authority shall be apportioned between the several counties and county boroughs into which the area extends, and the amount so apportioned to any such county or county borough shall be deemed to be expenditure by the council of that county or county borough on the transferred services.

4The difference resulting from subtracting the rate under Rule 2 contained in this Schedule from the rate under Rule 1 contained therein shall be ascertained.

5If as respects any area the difference is a plus quantity, the estimated proceeds of a rate equivalent to the difference levied on the reduced rateable value of the area shall be deemed to be the gain of the area.

6If the difference is a minus quantity, the estimated proceeds of a rate equivalent to the difference levied on the reduced rateable value of the area shall be deemed to be the loss of the area.

7For the purposes of these Rules, it shall be assumed that elsewhere than in the County of London section nine of the Rating and Valuation Act, 1925, and not paragraph 10 of the Seventh Schedule to that Act, was in operation with respect to precepts issued by county councils.

Section 113.

SIXTH SCHEDULEAdjustments and Apportionments of Poor Law Property and Liabilities.

Adjustment in respect of Institutional Property and Liabilities.

1Except where the councils of the counties and county boroughs into which a poor law area extends agree that no adjustment in respect of institutional property and liabilities is necessary, such adjustment shall, be made between the councils as they may agree or in default of agreement as the Minister may by order determine :

Provided that for the purposes of any agreement or order made under this paragraph the certificate of an officer of the Commissioners of Inland Revenue of the value of any institutional property shall be conclusive, and the costs of the valuation upon a scale to be prescribed by the Treasury shall be payable to the Commissioners by the councils concerned and shall be treated as an institutional liability attaching to the property valued.

Apportionment of or Adjustment in respect of Non-Institutional Property and Liabilities.

2(1)As soon as practicable after the appointed day the prescribed officer shall prepare in respect of each poor law area which was not wholly comprised within one county or county borough, and the district auditor for the audit district in which the poor law area was comprised shall certify to the councils of the counties or county boroughs into which the area extended, statement showing the value as at the appointed day of the non-institutional property and liabilities of the poor law authority, other than any right of recovery from any person of payments made or expenses incurred by the poor law authority by way of poor relief.

(2)The certificate of the district auditor shall be final and conclusive:

Provided that any such auditor may, if he thinks fit, give an interim or provisional certificate and may amend any final certificate given by him so far as appears to him necessary for the purpose of correcting any errors.

3The property and liabilities of the poor law authority included in the said statement shall be apportioned on the basis of their values as at the appointed day between the several counties and county boroughs concerned in proportion to the reduced rateable values of the parts of the poor law area comprised in the several counties or county boroughs, or an adjustment in respect thereof on the like basis shall be made.

General.

4(1)Any sum required to be paid from one council to another for the purpose of effecting an adjustment under this Schedule may be paid either by way of annual payments or by way of a single payment.

(2)Any capital money paid to a council by way of apportionment or adjustment shall be treated as capital, and applied, with the sanction of the Minister, either in the repayment of debt or for any other purpose for which capital money may be applied, and any other money so paid shall be credited to the county fund or general rate fund of the borough.

5For the purpose of this Schedule—

(a)" the prescribed officer " in relation to any poor law authority means the person who was immediately before the appointed day clerk to the authority or such other officer as may be designated for the purpose by the councils of the counties or county boroughs into which the poor law area extended, or failing agreement between those councils by the Minister; and

(b)references to a poor law area shall in relation to any time after the appointed day be construed as references to the area which immediately before the appointed day constituted the poor law area.

Section 115.

SEVENTH SCHEDULEProvisions as to the Sale, &o. of Parish Property.

1The council, representative body or other persons in whom any parish property is vested may, with the approval of the Minister, and, where the property is held for the benefit of a rural parish, subject to the consent of the parish meeting of that parish, sell exchange let or otherwise dispose of the property :

Provided that in the case of a letting for a term not exceeding one year neither the approval of the Minister nor the consent of the parish meeting shall be necessary.

2Where parish property is sold, the proceeds of sale, after deducting reasonable expenses, shall be applied in such manner 86 may be directed by the Minister either in repayment of debt, or for any purpose to the permanent advantage of the parish which may be approved by the Minister.

3Where parish property is exchanged, the land taken in exchange shall be conveyed to the council body or persons in whom the parish property was vested on the trusts on which the land given in exchange was held, and the rents and profits of the land taken in exchange shall be applied to the same purposes as those to which the rents and profits of the land given in exchange would have been applicable.

4If the parish property is let, the rents and profits thereof shall be applied for the benefit of the parish.

5The provisions of this Schedule shall extend to property in which two or more parishes are jointly interested subject to the necessary modifications, and in particular to this modification, that the proceeds of the sale of such property or the rents and profits arising from the letting thereof, shall be divisible between the parishes interested in the property in such proportions as the Minister may determine.

6Where in pursuance of this Schedule parish property is sold, exchanged, let or otherwise disposed of by a council or representative body or other persons, no instrument relating to the transaction shall be charged or chargeable with any stamp duty.

7This Schedule shall apply to land to which the Sale of Exhausted Parish Lands Act, 1876, applies in like manner as it applies to parish property, subject, however, to the provisions of that Act.

Section 123.

EIGHTH SCHEDULEProvisions as to the Determination and Payment or Compensation to Officers.

1For the purpose of determining whether compensation is payable to an officer and, if so, the amount of such compensation, regard shall be had to—

(a)the conditions upon which his appointment was made;

(b)the nature of his office or employment;

(c)the duration of his service;

(d)any additional emoluments which he acquires by virtue of this Act or of anything done in pursuance or in consequence of this Act;

(e)the emoluments which he might have acquired if he had not refused to accept any office offered by any council acting under this Act; and

(f)all the other circumstances of the case,

and the compensation shall not exceed the amount which under the Acts and Rules relating to Her Majesty's Civil Service which were in operation on the thirteenth day of August, 1888, would have been payable to a person on abolition of office.

2Every person who claims to be entitled to compensation shall deliver to the council a claim on account of the emoluments for which he claims compensation, setting forth the whole amount received and expended by him or his predecessors in office, in every year during the period of five years next before the date on which the relinquishment of office or determination of appointment takes effect, or the direct pecuniary loss commences, as the case may be, distinguishing the offices in respect of which the emoluments have been received, and accompanied by a statutory declaration that the claim so delivered is a true statement according to the best of his knowledge, information and belief.

3Every claim so delivered as aforesaid shall be submitted to the council, who shall forthwith take it into consideration, and assess the just amount of compensation (if any), and shall forthwith inform the claimant of their decision, and if a council fail to inform any claimant of their decision upon his claim within six months after it has been so delivered to them, the Minister may, on application made to him in that behalf by the claimant, direct the council to do so within such time, not being lees than one month, as may be specified in the direction.

4Any claimant, if so required by any member of the council, shall attend at a meeting of the council, or of any committee appointed by the council for the purpose, and answer upon oath, which any justice present may administer, all questions asked by any member of the council or committee touching the matters set forth in his claim, and shall further produce all books, papers and documents in his possession or under his control relating to the claim.

5In computing the service of any officer for the purpose of the award of compensation, the council shall take into account all the service of that officer after he attained the age of eighteen years under any local authority:

Provided that, where the officer held two or more offices and the claim to compensation is based on a loss of one or some only of those offices, account shall not be taken under this paragraph of service in an office which the officer continues to hold unless throughout the period of his service in that office he devoted the whole of his time to the duties of offices held by him under one or more local authorities.

6If an appointment is determined by a council otherwise than at the expiration of a complete year of service of an officer, the portion then expired of that year shall be treated as a complete year where such portion exceeds six months, and shall be ignored where such portion does not exceed six months.

7The compensation payable under this Act to an officer who immediately before the appointed day held two or more offices under any one or more local authorities and who devoted the whole of his time to the duties of such offices, shall not be reduced by reason of the fact that he has devoted only part of his time to each of such offices.

8If any officer was temporarily absent from his employment during the late war whilst serving in His Majesty's forces, or the forces of the Allied or Associated Powers, either compulsorily or with the sanction or permission of the local authority, such period of temporary absence shall be reckoned as service under the authority in whose employment he was immediately before and after such temporary absence:

Provided that in the case of an officer who, after the armistice, voluntarily extended his term of service in the forces, no period of absence during any such extension shall be reckoned.

9The council to whom application for compensation is made may, in their discretion and in consideration of the fact that any officer was appointed to his office as a specially qualified person, or that the officer before his appointment had been employed as a deputy, assistant or clerk by a permanent officer for the purpose of the discharge of his official duties, add any number of years (not exceeding ten) to the number of years which such officer would otherwise be entitled to reckon for the purpose of computing the compensation to which he would be entitled under the Acts and rules relating to Her Majesty's Civil Service as applied by this Act.

10The compensation shall not exceed two-thirds of the annual pecuniary loss suffered by virtue of this Act, or of anything done in pursuance or in consequence of this Act, or if the compensation is payable otherwise than by way of an annual sum, the capital value of such annual sum as might have been awarded.

11No service of which account has been taken in assessing the compensation payable under this Act to an officer in respect of the determination or relinquishment of any appointment held by him shall, in the event of his accepting any other office after the commencement of this Act, be reckoned for the purpose of computing any sum payable in respect of that office under any superannuation scheme or other scheme for ensuring benefits to an officer on retirement whether under any enactment or otherwise.

12The sum payable as compensation to any person in pursuance of this Schedule shall commence to be payable at the date fixed by the council on granting the compensation, or, in case of appeal, by the Minister, and shall be a specialty debt due to him from the council, and may be enforced accordingly in like manner as if the council had entered into a bond to pay the sum.

13If a claimant is aggrieved by the failure of the council to inform him of their decision upon his claim within the time required by any directions of the Minister or by the refusal of the council to grant any compensation, or by the amount of compensation assessed, the claimant may, within three months after the failure, or after the date on which he receives notice of the decision of the council, as the case may be, appeal to the Minister, who shall consider the case and determine whether any compensation, and if so, what amount ought to be granted to the claimant, and his determination shall be final.

14If a person receiving compensation under this Schedule is appointed to any office under the Crown or any local or other public authority, or by virtue of this Act, or anything done in pursuance of or in consequence of this Act, receives any increase of the emoluments of the office held by him, he shall not, while receiving the emoluments of that office, receive any greater amount of his compensation, if any, than with the emoluments of the said office, is equal to the emoluments for which compensation was granted to him, and if the emoluments of the office he holds are equal to or greater than the emoluments for which compensation was granted, his compensation shall be suspended while he holds that office.

15All expenses incurred by a council in connection with payment of compensation to any officer shall be payable as part of the general expenses of the council, and if any compensation is payable otherwise than by way of an annual sum, the payment of the compensation shall be a purpose for which the council may borrow, subject to the consent of the Minister, and upon such terms as he may authorise.

16For the purposes of this Schedule—

(a)the expression " emoluments " includes fees and salaries; and

(b)the office of a registration officer or registrar of marriages shall be deemed to be an office held under a local authority; and

(c)the office of a teacher in a public elementary school maintained but not provided by a local education authority, shall be deemed to be an office under the authority; and

(d)the expression " local authority " means any local authority as defined in section three of the Local Government and other Officers' Superannuation Act, 1922.

Section 132.

NINTH SCHEDULE

PART ITransitional Provisions.

Transfer of Property.

1Where any property is transferred by or in pursuance of Part VII. of this Act from one authority to another authority or body—

(a)the property shall, except as otherwise expressly provided, be held by the authority or body to whom it is transferred subject to all debts and liabilities affecting the property;

(b)the latter authority or body shall hold the property for the estate, interest, and purposes, and subject to the covenants, conditions, and restrictions for and subject to which the property would have been held if this Act had not been passed, so far as they are not modified by or in pursuance of Part VII. of this Act;

(c)if and so far as the property consists of stock, the provisions of the Local Government (Stock Transfer) Act, 1895, shall apply for the purposes of any such transfer in like manner as if the transfer had been made by virtue of the Local Government Act, 1894, with this modification, that for the reference to a certificate of the clerk of the county council there shall be substituted a reference to a certificate of the Minister.

Provisions as to existing Guardians and Rural District Councillors.

2(1)No election of guardians shall be held after the commencement of this Act and the term of office of guardians representing any area in a county borough or urban district or in the county of London and holding office at the commencement of this Act shall continue to the appointed day, and any casual vacancy occurring amongst those guardians may be filled by election by the board of guardians.

(2)Nothing in this Act shall affect the qualification of any person elected or nominated for election before the appointed day as a rural district councillor during the term of office for which he was so elected or nominated.

Settlement and Irremovability.

3(1)Every person who at the appointed day has, or is in the course of acquiring, a settlement in any parish by reason of residence, birth or other qualification therein, shall be deemed to have or to be in the course of acquiring a settlement in the county or county borough in which the parish is comprised.

(2)Every person who at the appointed day has, or is in the course of acquiring, a status of irremovability from a poor law union, shall be deemed to have or to be in the course of acquiring a status of irremovability from the county or county borough in which the poor law union is comprised, or if the poor law union is not wholly comprised within one county or county borough, from the county or county borough in which in comprised the part of the poor law union by reason of residence wherein the status of irremovability was, or was in the course of being, acquired.

(3)For the purposes of sub-paragraph (2) of this paragraph, consecutive periods of residence in two or more places within any poor law union which is not wholly comprised within one county or county borough shall be aggregated and reckoned as continuous residence in that part of the poor law union in which the person so resided immediately before the appointed day.

Outstanding Precepts and Audit of Accounts.

4(1)All precepts for contributions issued before the appointed day and not discharged before that day shall be payable to the appropriate council by the rating authority.

(2)The accounts of all receipts and expenditure before the appointed day shall be audited, and disallowances, surcharges, and penalties recovered and enforced, and other consequential proceedings had, in like manner as nearly as may be as if this Act had not been passed, but as soon as practicable after the appointed day, and every authority, committee, or officer whose duty it is to make up any accounts, or to account for any portion of the receipts or expenditure in any account shall, until the audit is completed, be deemed for the purpose of such audit to continue in office, and be bound to perform the same duties and render the same accounts and be subject to the same liabilities as before the appointed day :

Provided that any sum certified to be due from any person by the district auditor at the audit shall be paid by that person to the appropriate council.

Provisions when liability for loan is transferred to the council who made the loan.

5Where the liabilities of an authority transferred to a council under Part VII. of this Act comprise a liability on account of money advanced by that council to the authority, the Minister may make such orders as he thinks fit for providing for the repayment of any debts incurred by the council for the purposes of those advances within a period fixed by the order, and, where the money advanced to the authority was money standing to the credit of any sinking fund or capital money applied under the [51 & 52 Vict. c. 41.] Local Government Acts, 1888 and [56 & 57 Vict. c. 73.] 1894, or either of them, for the repayment to the proper fund or account of the amount so advanced.

Provisions as to Loans of Rural District Councils for special Expenses.

6As from the appointed day, any sum borrowed or reborrowed before that date by the council of a rural district on the credit of any rate out of which special expenses of the council are payable shall be deemed to have been borrowed also upon the credit of any moneys from time to time received by the council under this Act and applicable for the purposes for which the loan was contracted, and any mortgage for the purpose of securing the repayment of any sum so borrowed with interest thereon shall have effect accordingly.

Saving for Pending Contracts, Legal Proceedings, &c.

7(1)All proceedings, legal and other, begun before the appointed day, may be carried on in like manner, as nearly as may be, as if this Act had not been passed, and any such proceeding may be amended in such manner as may appear necessary or proper in order to bring it into conformity with the provisions of this Act, and of any order or scheme made thereunder.

(2)Any cause of action by or against any authority which exists at the appointed day in relation to any functions, liabilities, debts or property transferred by this Act to a council shall not be prejudicially affected by the passing of this Act, but may be prosecuted and enforced by or against the council as successors of the authority from whom the transfer was made.

(3)All contracts, deeds, bonds, agreements, notices, and other instruments affecting any functions, liabilities, debts, or property transferred by this Act and subsisting at the appointed day, shall be of as full force and effect against or in favour of the council to whom the transfer was made, and may be enforced as fully and effectually as if, instead of the authority named in the instrument, the council to whom the transfer was made had been a party thereto.

Provisions as to Metropolitan Common Poor Fund.

8(1)Section one of the Local Authorities (Emergency Provisions) Act, 1923, which provides for the temporary extension of charges on the Metropolitan Common Poor Fund, shall as amended by any subsequent enactment have effect as if for references therein to the first day of April, nineteen hundred and thirty-two, there were substituted references to the commencement of the financial year ending immediately before the appointed day.

(2)No expenditure incurred by any poor law authority in London in respect of the financial year ending immediately before the appointed day shall be repayable to the authority out of the Metropolitan Common Poor Fund, and as soon as practicable after the appointed day the fund shall be wound up and the balance standing to the credit of the fund shall be paid to the London County Council.

PART IITemporary Provisions.

Amendment of Special Lists made under 18 and 19 Geo. V., e. 44, and Consequential Amendment of Valuation Lists.

1(1)When a draft special list for a rating area has been deposited in accordance with the First Schedule to the Rating and Valuation (Apportionment) Act 1928, then, without prejudice to the provisions of that Schedule as to the making of objections and applications, an objection to the list as deposited with, or as approved by, the assessment committee, may be lodged with that committee at any time before the first day of October, nineteen hundred and twenty-nine, by the persons and on the grounds hereinafter mentioned, and the provisions of the said Schedule relating to objections and to appeals shall apply thereto.

(2)Such an objection as aforesaid may be lodged—

(a)in the case of a hereditament in respect of which no claim for its inclusion in the special list has been made under the said Schedule, by the occupier or owner thereof on the ground that the hereditament ought to be inserted in the list; and

(b)in the case of a hereditament included in the special list, by the occupier or owner thereof on the ground that any value appearing in the list in respect of to hereditament is incorrect or unfair, and by the rating authority or, where he considers the value excessive, by the revenue officer on the same ground, notwithstanding that the value objected to may have been inserted in the list by or with the approval of that authority or officer.

A notice of objection on the ground that a hereditament ought to be inserted in the special list shall contain such particulars as would have been required by or under the said Schedule in the case of a claim for the inclusion of the hereditament in the draft special list before that list was deposited.

(3)Any amendment of a special list made in consequence of any such objection lodged as aforesaid which is not determined until after the thirtieth day of September, nineteen hundred and twenty-nine, shall be deemed to have been made upon that date.

(4)The gross value, if any, and the net annual value appearing in respect of any hereditament in a special list for any rating area outside the County of London approved in accordance with the First Schedule to the Eating and Valuation (Apportionment) Act, 1928, shall be taken to be the gross value and the net annual value of that hereditament for the purposes of the current valuation list, and, accordingly, the assessment committee, upon approving the special list and thereafter upon making any amendment thereof, shall make or cause to be made in the valuation list the necessary amendments (including any necessary amendments of rateable values), and those amendments shall have effect as if made in consequence of a proposal for the amendment of the valuation list served upon the rating authority on or before the thirtieth day of September, nineteen hundred and twenty-nine.

Amendment of Valuation Lists in London.

2(1)In respect of the period of twelve months beginning oh the first day of October, nineteen hundred and twenty-nine, the following provisions shall have effect in relation to hereditaments in the County of London,—

(a)as respects any hereditament which has become or ceased to be an agricultural, industrial, or freight transport hereditament at any time before the first day of October, nineteen hundred and twenty-nine, subsection (1) of section seventy of this Act shall have effect as if the words " in the course of any year " were omitted therefrom; and

(b)a provisional list made by virtue of the said subsection and sent to the assessment committee before the sixth day of April, nineteen hundred and thirty, or sent to them in compliance with a requisition served on the rating authority before that date, shall have effect as from the date on which the hereditament became or ceased to be an agricultural, industrial, or freight transport hereditament, as the case may be, or as from the first day of October, nineteen hundred and twenty nine, whichever is the later.

(2)If any person, being a person entitled to object to a provisional list, is aggrieved by any decision of the assessment committee with respect to such a provisional list as aforesaid sent to them before the first day of October, nineteen hundred and thirty, or sent to them in compliance with a requisition served on the rating authority before that date, or if any person by whom a requisition for such a list has been so served is aggrieved by the failure of the rating authority to comply therewith within six weeks after the service thereof, he may appeal to quarter sessions, and notwithstanding anything in section forty-two of the Valuation (Metropolis) Act, 1869, notice of any such appeal shall be given within twenty-eight days after the decision or failure, as the case may be, and any such appeal may be heard by quarter sessions at any date but, save as aforesaid, such appeals shall be made in like manner and the decision thereon shall have the like effect as in the case of appeals against decisions of the assessment committee on objections to new valuation lists.

(3)In the case of any hereditament included in a provisional list as respects which a right of appeal to quarter sessions is given by this paragraph so much of paragraph (10) of section forty-seven of the Valuation (Metropolis) Act, 1869, as provides for repayments and allowances if the value of the hereditament included in a provisional list is reduced when the next revision of the valuation list takes place shall not apply.

Totals of Values in London.

3For the purpose of totals of values in the county of London, any amendment made in a valuation list in force on the first day of October, nineteen hundred and twenty-nine, on the ground that a hereditament was or was not on that date an agricultural, industrial, or freight transport hereditament shall, if made by means of a special list prepared in accordance with the Hating and Valuation (Apportionment) Act, 1928, or by means of a provisional list sent to the assessment committee before the first day of October, nineteen hundred and thirty, or sent to them in compliance with a requisition served on the rating authority before that date, have effect notwithstanding anything in subsection (11) of section forty-seven of the Valuation (Metropolis) Act, 1869, as if it had been made by a supplemental fist coming into force on the sixth day of April, nineteen hundred and thirty.

Provisions as to Revenue Officer.

4Where any proposal for the amendment of a valuation list or the making of any provisional fist involves a question whether a hereditament ought to be shown in any such list as having been on the first day of October, nineteen hundred and twenty-nine, an agricultural, industrial, or freight transport hereditament, the revenue officer shall, save that he shall not be entitled to contend that the gross value or net annual value of a hereditament as a whole ought to be increased, have the like rights with respect to receiving copies of provisional lists and of proposals and notices in connection therewith, making and opposing objections thereto, and appearing upon any proceedings relating thereto, and with respect to appealing and receiving notices of and resisting appeals as if he were the occupier of the hereditament.

5In this Part of this Schedule the expression " revenue officer " has the same meaning as in the First Schedule to the Rating and Valuation (Apportionment) Act, 1928.

Supplemental Lists in London.

6Notwithstanding anything in subsection (2) of section one of the Rating and Valuation (Apportionment) Act, 1928, it shall not be necessary for an agricultural, industrial or freight transport hereditament to be distinguished as such in any supplemental list which will come into force in the County of London on the sixth day of April, nineteen hundred and thirty, and nothing contained in any such supplemental list shall operate to alter the valuation list in force immediately before the said date as respects any hereditament which in that valuation list is so distinguished as aforesaid.

Section 132.

TENTH SCHEDULEAdaptation of Enactments.

General Adaptations.

1Subject to the provisions of this Schedule, references in any enactment so far as it applies to England to any of the terms mentioned in the first column of the following table shall be construed as references to the terms mentioned in the second column thereof.

2References in any enactment to subsection (2) of section eleven of the Local Government Act, 1888, shall be construed as references to the provisions of this Act relating to the rights of certain urban district councils to maintain county roads.

3Where by any enactment any forms are prescribed, the Minister may by order make such adaptations thereof as may appear to him to be necessary for the purpose of bringing the forms into conformity with this Act.

4The Minister may by order made, on the application of any council exercising functions under this Act make such amendments or adaptations of any local Act as may appear to him to be necessary for the purpose of bringing any provision of that Act into conformity with the provisions of this Act and any such order shall be laid before Parliament as soon as may be after it is made.

Special Adaptations.

5Section twenty-three of the [10 Geo. 4. c. 44.] Metropolitan Police Act, 1829 (which prescribes the basis on which sums required for the purposes of the Metropolitan police are to be raised) shall have effect as if there were therein substituted for the words from " shall not exceed " to " county rate " the words " shall be assessed on the rateable value of all hereditaments within the parish, township, precinct, or place as appearing in the valuation list for the time being in force."

6In section three of the Marriage Act, 1836, section seven of the Births and Deaths Registration Act, 1836, and section twenty-seven of the Births and Deaths Registration Act, 1837, references to the union, parish or place for which a superintendent registrar is appointed shall be construed as references to the registration district.

7In section nine of the Births and Deaths Registration Act, 1836, after the words "register office" there shall be inserted the words " for each registration district. "

8References in sections one hundred and eighty-nine and one hundred and ninety-one of the Public Health Act, 1875, to officers any portion of whose salary is paid out of moneys provided by Parliament shall be construed as references to officers in respect of whose salaries payment is made by a county council or county borough council in pursuance of this Act.

9The power of a rural district council under section two hundred and thirty-three of the Public Health Act, 1875, as amended or applied by any subsequent enactment, to borrow or reborrow sums on the credit of a special rate and to mortgage any such fate, shall include power to borrow or reborrow on the credit of, and for that purpose to mortgage, any moneys from time to time received by the council under this Act and applicable for the purpose for which the loan is contracted.

10Section sixteen of the [41 & 42 Vict. c. 77.] Highways and Locomotives (Amendment) Act, 1878, shall have effect as if the words "in pursuance of this Act" were omitted therefrom.

11In subsection (1) of section ten of the [47 & 48 Vict. c. 64.] Criminal Lunatics Act, 1884, for the words " union or parish " the word " place " shall be substituted.

12In the Lunacy Act, 1890, the following adaptations shall be made—

(a)from subsection (3) of section twenty-seven the words " in which the place " shall be omitted and in that subsection, for the words " the parish in which he is adjudged to be settled is situate " there shall be substituted the words " to the county or county borough, in which he is adjudged to be settled ";

(b)from subsection (3) of section two hundred and eighty three the words " or settled in " shall be omitted and the words " or settled in the county or county borough to which the asylum belongs " shall be added at the end of the subsection;

(c)section two hundred and ninety, which enables a pauper lunatic, whose settlement cannot be ascertained, to be adjudged chargeable to a local authority, shall cease to have effect, without prejudice to the effect of any order made under that section which is in force on the appointed day.

13In the Lunacy Act, 1891, the following adaptations shall be made—

(a)a direction under subsection (2) of section two may authorise one relieving officer to discharge the duties of a relieving officer in respect of lunatics throughout any specified portion of a county or county borough;

(b)for section six the following section shall be substituted:

“Where a workhouse is not situate within the county or county borough to which the workhouse belongs, a summary reception order made by a justice of the county or county borough in which the workhouse is situate may order a lunatic in the workhouse to be received in any asylum in which pauper lunatics chargeable to the county or county borough to which the workhouse belongs may legally be received”;

(c)section twenty-five (which enables the chairman of a board of guardians to be authorised to sign reception orders in respect of pauper lunatics) shall cease to have effect.

14The right of a rural district council under subsection (3) of section fifty-nine of the Local Government Act, 1894, to use for their meetings and proceedings the board room and offices of any board of guardians for the union comprising the district, shall be restricted to premises which, at the passing of this Act, are used by a rural district council under that subsection:

Provided that a county council on giving not less than three months' notice to the rural district council may determine the use of the premises by the district council, but in such case the county council shall if the district council so require, provide other suitable accommodation for the purposes aforesaid, and if any difference arises between a county council and a district council as to the suitability of the accommodation proposed to be provided by the county council, the difference may, on the application of either party, be decided by the Minister.

15For subsection (2) of section one hundred and twenty two of the Education Act, 1921, there shall be substituted the following subsection:—

“(2)Subject to the foregoing provisions of this section as to consultation before charging certain expenses on certain areas, any charge or allocation of expenses made by a county council under this section or under any corresponding enactment repealed by this Act may at any time be cancelled or varied by the county council.”

16As from the first day of October, nineteen hundred and twenty-nine, section ten of the [12 & 13 Geo. 5, c. 51.] Allotments Act, 1922, shall not apply to land which is agricultural land within the meaning of Part V. of this Act.

17As from the first day of October, nineteen hundred and twenty-nine, the relief to occupiers of agricultural hereditaments granted by this Act shall not be taken into account by an arbitrator in determining for the purposes of section twelve of the Agricultural Holdings Act, 1923, what rent is properly payable in respect of a holding.

18For the purpose of determining under section one or section two of the Education (Institution Children) Act, 1923, the area in which the place of settlement of a child is situated, the place of settlement shall be deemed to be the parish which would have been the place of settlement if this Act had not been passed.

19Paragraph (b)(i) of subsection (1) of section two of the Teachers (Superannuation) Act, 1925, shall have effect as if after the words " public elementary school" there were inserted the words " or, after the first day of April, nineteen hundred and thirty, in or in connection with a poor law school. "

20Subsection (2) of section seventeen of the Tithe Act, 1925, shall, for the purposes of any application for the redemption of any lay tithe rentcharge on any land made by the owner of the land on or after the first day of October, nineteen hundred and twenty-nine, have effect as if—

(a)for the words " then if the land charged with the tithe rentcharge, except so far as it consists of buildings in the same occupation, is agricultural land for the purposes of the Agricultural Rates Act, 1896," there were substituted the words " then, if and so far as the land charged with the tithe rentcharge is agricultural land or agricultural buildings within the meaning of Part V. of the Local Government Act, 1929, "; and

(b)for the words " any rate to which the Agricultural Rates Act, 1896, applies," there were substituted the words " any general rate (including any additional item thereof) "; and

(c)there were inserted at the end of the subsection the following words:—

“In relation to any period before the date on which the first general rate under the Rating and Valuation Act, 1925, became leviable in the rating area in which the land is situate, the reference in this subsection to a general rate shall be construed as a reference to any rate to which the Agricultural Rates Act, 1896, applied during the said period in that area.”

21In the Poor Law Act, 1927, the following adaptations shall be made—

(a)for subsection (1) of section two the following subsection shall be substituted:

“(1)The law relating to the relief of the poor shall be administered locally by councils of counties and county boroughs, and in the administration thereof a member of a county council or county borough council, or a committee or sub-committee of such a council, shall not, save as otherwise expressly provided by this Act, or any rules, orders or regulations of the Minister made thereunder, be capable of acting by virtue of his office except at a meeting of the council, committee or sub-committee”;

(b)section six, as applied by subsection (4) of section twenty-four of the Local Government Act, 1894, shall have effect as if the words "or, in the case of a guardian for " a parish wholly or partly situate within a borough, " is qualified to be elected a councillor for that borough " were omitted therefrom;

(c)nothing in sections twenty-nine to thirty-two or in section two hundred and twenty-four shall apply to officers appointed by the council of a county or county borough under any Act other than the Poor Law Act, 1927;

(d)from subsection (1) of section forty-six, the words "for " the district wherein the poor law union or the greater " part thereof is comprised " shall be omitted;

(e)from subsection (1) of section forty-nine, the words "a majority of " shall be omitted;

(f)from section fifty-two, there shall be omitted, in proviso (i) thereof, the words " in the interval between their meetings, " and in proviso (ii) thereof, the words " the " board of guardians are not sitting or ";

(g)in subsection (1) of section seventy-three, for the words " poor law union " there shall be substituted the words " county or county borough or in any part thereof ";

(h)in subsection (2) of section eighty-eight, there shall be substituted for the words " one of their number " the word "person";

(i)in paragraph (b) of section one hundred and sixteen for the words " comprising the parish" there shall be substituted the words " to which he was ordered to be removed ";

(j)in subsection (1) of section one hundred and twenty-three, for the words "the workhouse of the last-mentioned board " there shall be substituted the words " any workhouse of the last-mentioned council or, if " any particular workhouse has been designated for the " purpose by them, at that workhouse," and from subsection (2) of the said section, the words " guardian " or " shall be omitted;

(k)in paragraph (a) of subsection (5) of section one hundred and twenty-four, for the words " in the county court within whose district their poor law union or the " greater part thereof is situated" there shall be substituted the words " in any county court the " district whereof is wholly or partly comprised in their " county or county borough ";

(l)in subsections (1) and (4) of section one hundred and twenty-eight, for the words "the workhouse," wherever those words occur, there shall be substituted the words " any workhouse ";

(m)from section one hundred and seventy-two the word "chargeability" shall be omitted, and for the words " poor law union " there shall be substituted the word " parish ";

(n)from subsection (1) of section one hundred and eighty-six, the words "and where meetings of the dispensary committee may be held " shall be omitted;

(o)in section two hundred and nine for the words from "a school or asylum" to the end of the section the words "a separate school " shall be substituted;

(p)from section two hundred and ten, the words "or a " dispensary committee," and the words " dispensary " committee " shall be omitted; .

(q)in section two hundred and twenty-two for the words "and any parochial and other local meeting" the words " or committee or sub-committee" shall be substituted; .

(r)for section two hundred and twenty-five, the following section shall, be substituted :

“A certificate of chargeability in such form as may be prescribed by order of the Minister, or in a form to the like effect, may be issued by the council of any county or comity borough, and every such certificate purporting to be signed by the clerk of the council shall, unless the contrary is shown, be sufficient evidence of the truth of all the statements contained therein, and shall, within the period of twenty-one days from the date of the certificate, be received in evidence accordingly by all courts of law and all justices and for all purposes without proof of the signature or of the official character of the person signing it.”

22The provisions of the Poor Law Act, 1927, with respect to the qualification, election and term of office and retirement of guardians and to the qualification of the chairman of a board of guardians shall, as applied by subsection (4) of section twenty-four of the Local Government Act, 1894, to district councillors and to the chairman of a district council of a rural district, have effect as if for references therein to " a guardian," " guardians," " guardians of a poor law union," and " members of a board of guardians," there were substituted references to a " rural district councillor " or "rural district councillors," as the case may require, as if for references to " board of guardians " there were substituted references to " rural district council, " and as if for references to "union" or "poor law union" there were substituted references to " rural district. "

Special adaptations applying to the County of London.

23(1)References in any other enactment to the Metropolitan Asylum District or to an asylum district, shall be construed as references to the county of London, and references in any other enactment to the Metropolitan Asylum Managers or Metropolitan Asylums Board, or to an asylum board or managers of an asylum district constituted under the Poor Law Act, 1927, or under any enactment repealed by that Act, shall be construed as references to the London County Council.

(2)References in any enactment to asylums or hospitals under the Metropolitan Poor Act, 1867, or. provided by the Metropolitan Asylum Managers or by an asylum board, shall be construed as references to asylums and hospitals provided for the county of London under the Poor Law Act, 1927, or any enactment repealed by that Act.

24In the application to the county of London of—

(a)the Births and Deaths Registration Acts, 1836 to 1926;

(b)the Vaccination Acts, 1867 to 1907;

(c)the Valuation (Metropolis) Act. 1869, and any enactment thereby applied to the county of London or amending that Act; and

(d)any rule, regulation, byelaw, order or award made under any Act or enactment mentioned in this paragraph;

references therein to any of the terms mentioned in the first column of the following table shall be construed as references to the terms mentioned in the second column thereof.

25The last foregoing paragraph shall not affect the construction of the words " guardians and officers of guardians" in section five of the Vaccination Act, 1871, or of the words " medical officer of any board of guardians " in section thirteen of that Act.

Savings.

26The adaptations effected by this Schedule shall not—

(a)affect the authorities by whom the provisions of the Public Health (London) Act, 1891, are to be executed or the manner in which their expenses are to be defrayed; or

(b)affect the manner in which any precept for the payment of the expenses of a parish council or parish meeting is to be enforced.

Section 136.

ELEVENTH SCHEDULEProvisions for securing allowance of Rebates to Selected Traffics corresponding to Rate-relief of certain Companies.

PART I

Provisions as to Allowance of Rebates and Reimbursement of Companies out of Rate-relief.

1The companies to which this Schedule applies are:

(a)every railway company for which a schedule of standard charges has been settled under the Railways Act, 1921, or to which such a schedule is for the time being applied under section thirty-three of that Act, being a company whereof the railway is used for the conveyance of merchandise otherwise than by passenger train or carriage; and

(b)every light railway company, being a company whereof the light railway is used as a public railway for the conveyance of merchandise otherwise than by passenger train or carriage;

and such companies are in this Schedule referred to as " the companies."

2There shall be established and maintained a fund to be called the " Railway Freight Rebates Fund " (hereinafter referred to as " the fund ") which shall be administered and controlled subject to the provisions of this Schedule by the Railway Clearing House, and as from the first day of October, nineteen hundred and twenty-nine, each of the companies shall, by equal monthly instalments beginning on the fifteenth day of November, nineteen hundred and twenty-nine, pay to the fund in respect of every year sums equal in the aggregate to the estimated rate relief of the company in that year; and as soon as the difference, if any, between the actual rate relief of a company in any year and the estimated rate relief of the company in that year has been ascertained, a sum equal to the difference shall be paid by way of adjustment out of the fund to the company or by the company to the fund, as the case may require.

3The companies shall jointly, on or before the first day of June, nineteen hundred and twenty-nine, prepare and submit to the tribunal a scheme (hereinafter referred to as "the scheme") providing for the allowance by the companies of rebates from the carriage charges made by them in respect of the selected traffics, calculated in manner hereinafter appearing:

Provided that a scheme shall be deemed to have been prepared and submitted to the tribunal by the companies jointly if it has been prepared and so submitted by or on behalf of companies (being companies to which this Schedule applies) of which the aggregate total expenditure on capital account is not less than ninety per cent. of the aggregate total expenditure on capital account of all the companies.

4If the scheme so provides there shall, in every year, be set aside in the fund for the purpose of meeting any deficiency therein at the end of the year a contingency reserve of such an amount, not exceeding five per cent. of the aggregate of the sums paid and payable into the fund in respect of that year under paragraph 2 of this Part of this Schedule, as the scheme may determine.

5(1)There shall in respect of every year be paid out of the general moneys of the fund—

(a)in respect of administrative expenses, a sum equal to one-half of one per cent. of the aggregate of the estimated rate relief of the companies in respect of that year or such higher percentage thereof as the tribunal may allow on application in that behalf being made by the companies; and

(b)any interest payable on sums borrowed by the Railway Clearing House in accordance with the provisions of this Schedule; and

(c)to each of the companies a sum, determined in accordance with the provisions of the scheme, equal to the amount of the rebates allowed by the company under the scheme in respect of selected traffics delivered in that year for conveyance by railway.

(2)Out of the sum payable under sub-paragraph (1) (a) of this paragraph there shall be allocated and paid to the Railway Clearing House a sum equal to the amount of the administrative expenses incurred by them in that year in giving effect to the provisions of this Schedule and the balance shall be appropriated for the purpose of meeting the expenses of the "companies incurred in that year under or for the purposes of the scheme and shall be apportioned between the companies and paid to them in proportion to the rebates respectively allowed by them under the scheme.

6(1)The rebates provided for by the scheme shall be so calculated, as nearly as may be, that—

(a)the aggregate of the rebates in respect of the group of selected traffics contained in Part II. of this Schedule will amount annually to a sum equal to one-fifth of the annual net revenue of the fund; and

(b)the aggregate of the rebates in respect of the group of selected traffics contained in Part III. of this Schedule will amount annually to a sum equal to seven-tenths of the annual net revenue of the fund; and

(c)the aggregate of the rebates in respect of the group of selected traffics contained in Part IV. of this Schedule will amount annually to a sum equal to one-tenth of the annual net revenue of the fund.

(2)The scheme shall make provision for securing that the rebates in respect of the selected traffics contained in each of the several groups, other than rebates from tolls, will be at a uniform rate and that rebates from any toll in respect of the selected traffics shall be such percentage of the toll as may be determined by the scheme.

(3)In preparing the scheme—

(a)the receipts of the companies in respect of the several selected traffics shall, for the purpose of calculating the rebates to be allowed under the scheme, be taken to be those estimated for the year nineteen hundred and twenty-seven; and

(b)the rate-relief of the companies in the year beginning on the first day of October, nineteen hundred and twenty-nine, shall be taken to be of such amount as may be estimated by the companies.

(4)The scheme shall provide for the manner in which the rebates thereby provided for are to be allowed, and for the time at which payments or instalments of payments are to be made out of the fund to the companies, and contain such supplemental and consequential provisions as may be necessary for giving effect to the objects of this Schedule, and, in particular, may -make provision for enabling rebates to be allowed in respect of merchandise consigned as being intended to be so used, shipped or delivered as to constitute it a selected traffic, before it has been so used, shipped or delivered, and may contain provisions enabling the Railway Clearing House to remit any repayment due to the fund by any company in respect of any amount allowed in error by the company in excess of the rebates required by the scheme if the Railway Clearing House are satisfied that all proper precautions were taken by the company to avoid such errors and that recovery by the company of the amount allowed in excess is not reasonably practicable.

(5)The scheme shall make provision for apportioning the rebates to be allowed among the carriage charges made in the following cases:—

(a)in respect of coal delivered to a washery, coke oven, or patent fuel works, from two or more collieries where the coal is so mixed that it cannot be identified as being consigned from any one colliery and a part only of the coal, or of the resultant coke, or patent fuel is a selected traffic; and

(b)in respect of coal shipped coastwise where the coal is so mixed that it cannot be identified as being consigned from any one colliery and a part only thereof is exported;

and may provide for any certificates necessary for such apportionment being obtained by the companies and for the allowance of rebates apportioned upon the basis thereof, subject to occasional verification of the facts thereby certified.

7(1)Printed copies of the scheme as submitted to the tribunal shall be made available by the companies for purchase at such places and at such price as the tribunal may direct, and notice of the places and price at which such copies may be purchased shall be published in the London and Edinburgh Gazettes. Not less than twenty-one days after the publication of the said notices the tribunal shall consider the scheme, and, after hearing any of the companies or any representative body of traders interested which may be desirous of being heard, shall have power to make such modifications therein, if any, as the tribunal think necessary or desirable, and upon receiving a certificate, as respects England from the Minister of Health and as respects Scotland from the Secretary of State, showing the amount estimated by them respectively as being the estimated rate-relief of the companies in the year beginning on the first day of October, nineteen hundred and twenty-nine, shall adopt the estimates shown by the certificates and shall make such modifications in the scheme as may be thereby rendered necessary.

(2)After making such modifications in the scheme as the tribunal are hereinbefore required to make and any other modifications which they think necessary or desirable, and upon being satisfied that the scheme complies with the requirements of this Schedule, the tribunal shall, not later than the thirty-first day of July, nineteen hundred and twenty-nine, approve the scheme.

8If the companies fail to submit the scheme to the tribunal before the said first day of June, or before such later date as may be allowed by the tribunal, the scheme shall be prepared and made by the tribunal before the said thirty-first day of July, and the companies shall furnish to the tribunal such information as the tribunal may require for that purpose.

9The scheme, as so approved or made by the tribunal Tinder the foregoing provisions of this Schedule, shall come into operation on the first day of October, nineteen hundred and twenty-nine, and shall not be revoked, and shall not be altered otherwise than as hereinafter in this Schedule provided, and any person against whom a carriage charge is made by any of the companies in respect of any of the selected traffics delivered on or after that date for conveyance by railway shall be entitled to such rebate therefrom as may be provided for by the scheme.

10(1)The tribunal shall review the operation of the scheme within two months after the end of every year and shall give not less than twenty-one days' notice of the date, time and place of the sitting at which the review will take place, and at any such review the tribunal, after hearing any of the companies or any representative body of traders interested which may be desirous of being heard, and after considering all the circumstances (including the receipts of the companies in respect of the several selected traffics delivered during the year preceding the review for conveyance by railway), shall, subject as hereinafter provided, by order make in the scheme such modifications, if any, as they think necessary or desirable, but so that the provisions thereof shall comply with the requirements of this Schedule:

Provided that—

(a)the tribunal shall not by any such order alter the rate for the time being in force of any rebate provided for by the scheme unless—

(i)a debit balance is brought forward in the fund from the last preceding year; or

(ii)the tribunal is of opinion that in the year in which the review takes place the amount of the rate-relief of the companies will be less than the amount thereof estimated for the purpose of calculating the rebates in force, and that, unless such alterations are made, there will be a deficiency in the fund in respect of that year; or

(iii)the tribunal is of opinion that, unless such alterations are made, the aggregate of the rebates in respect of any group of selected traffics will, in the year in which the review takes place, fall short of a sum equal to the appropriate proportion of the net revenue of the fund for that year by more than the fixed marginal allowance; and

(b)the rates of rebates for the time being in force in respect of any group of selected traffics shall not be reduced by any alteration made under sub-paragraph (iii) of paragraph (a) of this proviso, unless the tribunal is of opinion that, if such reductions are not made, the aggregate of the rebates in respect of that group will, in the year in which the review takes place, exceed a sum equal to the appropriate proportion of the net revenue of the fund for that year by more than the fixed marginal allowance; and

(c)no alteration shall in any case be made in the rates of rebates to be allowed in respect of the selected traffics which would cause the aggregate of the rebates to be allowed in respect of any group of selected traffics to fall short of a sum equal to the appropriate proportion of the net revenue of the fund.

(2)In this paragraph the following expressions have the meanings hereby respectively assigned to them, that is to say:—

• " Appropriate proportion of the net revenue of the fund " means, as respects any group of selected traffics, the proportion specified in sub-paragraph (1) of paragraph 6 of this Part of this Schedule in relation to that group:

• " Fixed marginal allowance " shall in any year be taken to be, in relation to any group of selected traffics, an amount equivalent to one per cent. of the amount estimated by the tribunal as being the aggregate of the carriage charges made and to be made by the companies in respect of the traffics contained in that group, delivered in that year for conveyance by railway.

11If it appears to the Minister of Transport that by reason of some exceptional occurrence the net revenue of the fund for any year is or will be abnormally greater or less than the amount which, upon the basis of the rebates for the time being in force, will be required, to pay the sums payable thereout under paragraph five of this Part of this Schedule to the companies in respect of that year, and that there is danger of such instability being thereby occasioned in the rates of the said rebates as to affect prejudicially the operation of the scheme, he shall issue to the tribunal a certificate that in his opinion the rates of the rebates to be allowed in respect of any group of selected traffics specified in the certificate ought to be reviewed, and upon receipt of such a certificate the tribunal shall, notwithstanding anything in this Part of this Schedule, have power to make such alterations in the scheme as they consider desirable for stabilising, so far as practicable, the rates of the rebates to be allowed in respect of that group, and, if they think fit, for securing that any abnormal excess shall be expended, or abnormal deficiency made good, as the case may be, over such period of years as they think proper.

12(1)The tribunal shall have the like powers to make general rules governing their procedure and practice and generally for carrying into effect their functions under this Schedule, and to prescribe a scale of fees for and in connection with proceedings before them, as they have under section twenty-two of the Railways Act, 1921, with respect to their functions under Part III of that Act, but subject to the like approval, consent and limitations as are required or imposed by that section, and rules made under this paragraph may apply, with the necessary adaptations, any of the rules for the time being in force under the said section twenty-two.

(2)Section twenty-one, subsection (2) of section twenty-two, section twenty-three, section twenty-four except subsection (4) thereof, and section twenty-five (except so far as it relates to appeals) of the said Act, shall apply with respect to the functions of the tribunal under this Schedule as they apply for the purposes of that Act.

(3)Subsection (1) of section fifty-four of the said Act (which relates to the publication of schedules of standard charges) shall apply with respect to the scheme and to any orders of the tribunal modifying the scheme as it applies to schedules of standard charges, and the Documentary Evidence Act, 1868, as amended by the Documentary Evidence Act, 1882, shall apply with respect to the scheme and with respect to any such orders as if they were documents issued by the Minister of Transport.

(4)The annual report of their proceedings under the Railways Act, 1921, made by the tribunal to the Minister of Transport under subsection (3) of section twenty-two of that Act and laid before Parliament, shall include a report of their proceedings under this Schedule and of the operation of the scheme.

13The following provisions shall have effect with respect to the fund—

(a)all moneys of the fund shall be kept separate from all other moneys under the control of the Railway Clearing House, and the Railway Clearing House shall keep separate accounts with respect to all moneys of the fund:

(b)the Railway Clearing House shall invest in such investments as they think fit such part of the moneys of the fund as they may from time to time consider to be not immediately required, and the interest on any such investments shall be paid into the fund :

(c)the Railway Clearing House shall have the like powers with respect to the opening and keeping of bank accounts and the making of payments thereout, and to the recovery of sums due to the fund, as they have for the purposes of their functions in relation to the Railway Clearing System and to the funds applicable to the expenses of that System :

(d)the Railway Clearing House may, with the consent of the Minister of Transport and subject to such conditions as he may think fit, borrow moneys on the security of the fund for purposes connected with the scheme :

(e)the accounts of the fund shall be audited annually by an auditor appointed by the Minister of Transport, and the expenses of any such audit shall be defrayed as part of the administrative expenses of the Railway Clearing House. It shall be the duty of the companies and of the Railway Clearing House to furnish all such information and give all such facilities as may be required by the auditor for the purposes of any such audit:

(f)abstracts of the accounts of the fund, certified by the auditor, shall be furnished annually to the Minister of Transport at such times and in such form as he may approve :

(g)if the net revenue of the fund for any year is insufficient to pay the sums determined in accordance with the provisions of sub-paragraph (1)(c) of paragraph 5 of this Part of this Schedule to be due to the companies in respect of that year, the Railway Clearing House shall certify the amount of the deficiency, and one moiety of that amount shall be made good by the companies in manner hereinafter appearing, and the other moiety thereof shall be made good out of any moneys standing to the credit of the contingency reserve account, and if the moneys standing to the credit of that account as at the end of the year are insufficient to make good the said moiety, the balance of the deficiency shall be brought forward as a debit balance in the fund:

Provided that in determining for the purposes of this provision whether there is for any year such a deficiency as aforesaid or the amount of any such deficiency, no account shall be taken of any sum paid in that year by way of adjustment under paragraph 2 of this Part of this Schedule:

(h)any moneys standing to the" credit of the contingency reserve account as at the end of any year, which are not applied under the provisions of the last foregoing sub-paragraph towards making good a deficiency, shall be brought forward as part of the general moneys of the fund:

(i)any balance standing to the credit of the general account of the fund as at the end of any year shall be brought forward therein.

14Any amount required in any year under the foregoing provisions of this Schedule to be paid by the companies towards making good any deficiency in the fund shall be apportioned by the Railway Clearing House between the several companies in such proportion as may have been determined before the end of the year by agreement between the companies or by an arbitrator appointed on the application of any company by the Minister of Transport, or, in default of such determination, in the proportions which the receipts of the several companies respectively bear to the total receipts of all the companies, being in each case receipts in respect of the selected traffics delivered in that year for conveyance by railway; and a sum equal to the part of the deficiency so apportioned to any company shall, on the demand of the Railway Clearing House, be paid to the fund by that company.

15Any sum allowed by a company by way of rebate which may be found not to have been properly allowable (either by reason of the merchandise in respect of which the rebate was allowed not having been so used, shipped or delivered as to constitute it a selected traffic, or for any other reason) shall be recoverable by the company as a debt due from the person to whom it was allowed.

16Any question as to whether any rebate is or was allowable or as to the basis on which any rebate should be or should have been calculated under the scheme may, and in the event of a dispute shall, be determined by the tribunal, and the decision of the tribunal upon any such question shall be final and conclusive.

17In this Schedule, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say :

• " Carriage-charges " means such of the charges for the time being in force for the carriage of merchandise by railway or light railway as may be determined by the scheme in relation to any rebate thereby provided for :

• " Coke oven " means works consisting of coke ovens wholly or mainly engaged in the production of coke for metallurgical purposes:

• " Delivered for conveyance by railway " means delivered to any of the companies for conveyance, whether by that company or by some other of the companies, by railway:

• " Estimated rate relief " means in relation to any company in any year the sum taken as being the rate relief of the company in the estimate adopted by the tribunal for the purpose of calculating the rebates to be allowed by the companies under the scheme in that year:

• " Exported " in relation to coal, coke or patent fuel, means shipped to places outside the British Islands, or as bunkers for ships proceeding to places outside those islands, or as bunkers for fishing vessels, and " exported coal, coke, or patent fuel" includes coal, coke, and patent fuel shipped coastwise before being exported:

• " General moneys of the fund " means, as respects any year, the revenue of the fund for that year, including any balance brought forward therein, but excluding any sums set aside in that year in accordance with the provisions of the scheme as a contingency reserve :

• " Iron or steel works " means works which consist wholly or mainly of blast furnaces, puddling furnaces, steel furnaces, or rolling mills, or of hammers or presses which produce all or any of the following articles, that is to say, forgings weighing not less than ten hundredweight, blooms, billets, and bars:

• " Net revenue of the fund " means, as respects any year, the revenue of the fund for that year (including any balance brought forward therein, but excluding any sums set aside in that year in accordance with the provisions of the scheme as a contingency reserve and any sums which may be paid to the fund by the companies to meet a deficiency in accordance with the requirements of sub-paragraph (g) of paragraph 13 of this Part of this Schedule), after deducting the sums directed by sub-paragraphs (1)(a) and (b) of paragraph 5 of this Part of this Schedule to be paid out of the fund:

• " Railway company, " " light railway company, " " light railway, " " freight transport hereditaments lands and heritages " and " railway transport purposes " have the same meanings respectively as in the Rating and Valuation (Apportionment) Act, 1928:

• " Rate-relief, " in relation to any of the companies, means the amount of the difference between the aggregate of the sums paid and payable by the company by way of rates in respect of freight transport hereditaments lands and heritages, occupied and used wholly or partly for railway transport purposes as part of the railway or light railway undertaking of the company, whereof the rateable value is ascertained under the provisions of Part V. of this Act or of any corresponding enactment extending to Scotland, and the aggregate of the sums which would have been so paid and payable in respect of those hereditaments lands and heritages, if those provisions had not been passed; and in relation to all the companies, means the aggregate amount of the differences aforesaid:

• " Representative body of traders interested " means any association or body of persons which satisfies the tribunal that it represents a substantial number of persons interested in the selected traffics :

• " Selected traffics " means the traffics' mentioned in Farts II, III, and IV of this Schedule, but, save as respects milk, does not include any traffics conveyed at passenger train rates; and the selected traffics mentioned in each of the said Parts are collectively referred to in this Schedule as a group of selected traffics :

• " Shipped coastwise, " in relation to exported coal, coke, or patent fuel means shipped from a place within the British Islands to another place within those islands :

• " Tribunal " means the Railway Rates Tribunal:

• " Washery " means works for washing or cleaning coal:

• " Year " means a period beginning on the first day of October and ending on the next subsequent thirtieth day of September, and the expression " annually " shall be construed accordingly.

18(1)If the amount of any moneys provided by Parliament for the purposes of any scheme issued by the Minister of Transport providing for the allowance by any of the companies of rebates in respect of selected traffics delivered between the thirtieth day of November, nineteen hundred and twenty eight, and the first day of October, nineteen hundred and twenty-nine, for conveyance by railway, is more than sufficient for the purposes of that scheme, the balance shall, on or before the first day of January, nineteen hundred and thirty, or such later date as the Minister of Transport may allow, be paid into the fund and brought forward therein, and if the said amount is insufficient for the said purpose, the Railway Clearing House shall certify the amount of the deficiency, and the amount of the deficiency as so certified shall be apportioned by the Railway Clearing House between the several companies to which that scheme applies in such proportion as may have been agreed between those companies or, in default of agreement, in the proportions which the receipts of the several companies to which that scheme applies respectively bear to the total receipts of all the said companies, being in each case receipts in respect of the selected traffics delivered between the dates aforesaid for conveyance by railway; and a sum equal to the part of the deficiency so apportioned to any company shall, on the demand of the Railway Clearing House, be paid to them by that company.

(2)Any sum recoverable by the Railway Clearing House as a debt due to any fund established for the purposes of such a scheme as is mentioned in the last foregoing sub-paragraph but not recovered before the accounts of that fund are closed, shall be recoverable by the Railway Clearing House as a debt due to the fund established under this Schedule.

19In any proceedings under the Railways Act, 1921, all payments by any of the companies to the fund in accordance with the provisions of this Schedule shall be treated as payments of rates and the tribunal shall not take into account any rebates allowable under the scheme or under any arrangements in operation at the passing of this Act having as their object the allowance of rebates from charges in respect of the selected traffics

20In making any assessment or valuation for rating purposes by reference to the accounts, receipts, or profits of the undertaking carried on by any of the companies, all payments by the company to the fund in accordance with the provisions of this Schedule shall be treated as payments of rates.

21Where rates are payable by any of the companies in respect of the occupation of any part of a freight transport hereditament let out by the company to a tenant but not so as to be capable of separate assessment, then, for the purposes of computing any sum payable by the tenant to the company under any contract made before the commencement of this Act in respect of the rates so paid, payments to the fund by the company in accordance with the provisions of this Schedule in respect of that part of the hereditament shall be treated as payments of rates.

PART II

Agricultural Selected Traffics.

PART III

Coal, Coke and Patent Fuel Selected Traffics.

• Exported coal, coke, or patent fuel.

• Coal, coke, or patent fuel delivered to and used in iron or steel works.

• Such coal delivered to patent fuel works as is used for the manufacture of exported patent fuel.

• Such coal delivered to a washery as is washed or cleaned thereat before being exported or delivered to and used in iron or steel works.

• Such coal delivered to a coke oven (situate elsewhere than at an iron or steel works) as is used for the manufacture of coke which is exported or delivered to and used in iron or steel works.

PART IV

Other Selected Traffics.

Timber, iron, or steel, for propping or shoring purposes delivered to a mine.

Section 137.

TWELFTH SCHEDULEEnactments repealed.

PART IRepeals consequential on Part I of this Act.

PART IIRepeals consequential on Part II of this Act.

PART IIIRepeals consequential on Part III of this Act.

PART IVRepeals consequential on Part IV of this Act.

PART VRepeals consequential on Part V of this Act.

PART VIRepeals consequential on Part VI of this Act.

PART VIIRepeals consequential on Part VII or this Act.