The West Midlands Passenger Transport Area (Designation) Order 1969

Application of certain enactments relating to local authorities etc

18.—(1) The provisions of the following enactments which relate to the disability of members of local authorities for taking part in the consideration or discussion of, or for voting on, any question with respect to contracts, proposed contracts or other matters in which they have a pecuniary interest, that is to say—

• section 76 of the Act of 1933 (as amended by section 131 of the Local Government Act 1948 and section 15 of the Local Government (Miscellaneous Provisions) Act 1953,

• section 95 of the Act of 1933, and

• section 1 of the Local Government (Pecuniary Interests) Act 1964,

shall apply, as they apply to members of local authorities or of any committees or sub-committees of such authorities—

(a)to members of the Authority and their deputies and to members of any committee or sub-committee of the Authority, but so that in such application the said provisions shall have effect as if in the said sections 76 and 95 of the Act of 1933 there were substituted for the references therein to the clerk of the authority references to the Secretary of the Authority, and

(b)to members of the Executive or of any committee or sub-committee of the Executive, but so that in such application the said provisions shall have effect as if—

(i)they referred only to contracts and proposed contracts and did not extend to other matters,

(ii)subsections (7) and (8) were omitted from section 76 of the Act of 1933,

(iii)subsections (5) and (6) were omitted from section 1 of the Local Government (Pecuniary Interests) Act 1964, and

(iv)in sections 76 and 95 of the Act of 1933 there were substituted for the references to the clerk of the authority references to the Secretary of the Executive.

(2) The provisions of section 123 of the Act of 1933 and of section 2 of the Local Government (Pecuniary Interests) Act 1964 (which relate to the disclosure by officers of local authorities of their interest in contracts or proposed contracts) shall apply in relation to officers and servants of the Authority or the Executive as they apply in relation to officers and servants of local authorities.

(3) Section 122 of the Act of 1933 (which disqualifies a person who is a member of a local authority for being appointed by that authority to any paid office while his membership continues and for twelve months thereafter) shall apply in relation to members of the Authority as it applies in relation to members of local authorities, but as if the reference therein to any paid office included a reference to any paid office of or under the Authority (except the office of Chairman of the Authority), to the office of Director General or other member of the Executive and to any office, appointment or employment under or with the Executive or any subsidiary thereof and as if the reference therein to being appointed by the local authority included a reference (in the case of any office, appointment or employment under or with the Executive or any subsidiary thereof) to appointment by the Executive or subsidiary as the case may be.

(4) Subsections (4) to (9) of section 12 of the General Rate Act 1967.which contains provisions as to precepts) shall apply to the Authority as they apply to a precepting authority named in subsection (1) of that section, but as if in subsection (8) for the second reference to the precepting authority there were substituted a reference to the Executive.

(5) Sections 287(1), 288 and 289 of the Act of 1933 (which relate to public notices or other documents required to be given or displayed by local authorities) shall apply in relation to the Authority as they apply in relation to a local authority, but as if any reference therein to the area of a local authority were a reference to the designated area.

(6) Section 130 of the Local Government Act 1948 (which relates to insurance by local authorities against accidents to members) shall apply to the Authority and the Executive as it applies to a local authority.

(7) Section 202(2)(a) of the Road Traffic Act 1960 (which provides that the requirements of section 201 of that Act as to users of motor vehicles being insured or secured against third party risks are not to apply to a vehicle owned by any such local authority as is mentioned in the said subsection (2)(a)) shall apply to a vehicle owned by the Executive, or by any subsidiary of the Executive, as it applies to a vehicle owned by the Executive, or by any subsidiary of the Executive, as it applies to a vehicle owned by any local authority so mentioned.

(8) Section 212 of the Act of 1933 (which relates to the repayment of sums borrowed by a local authority by way of mortgage) and section 277 of the said Act (which relates to the appearance of local authorities in legal proceedings) shall respectively apply in relation to the Executive as they apply in relation to a local authority.