Local Government Act 1948

93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

94 Adjustments of British Transport Commission’s payments for changes in the average rates.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The aggregate gross charge to rates . . . , for Scotland, for the year preceding the year for which the payment by the British Transport Commission in question has to be made, as ascertained and certified by the Minister or, as the case may be, the Secretary of State, shall be multiplied by two hundred and forty and divided by the rateable value . . . , for Scotland, for the said preceding year, as so ascertained and certified. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2AA) In ascertaining the gross charge aforesaid for Scotland for any year the Secretary of State shall treat the aggregate amount of the domestic element of rate support grants for that year as an amount required to be paid by virtue of the rates levied for that year by authorities in Scotland. (3) The results of the calculation directed to be made by subsection (2) of this section shall then be reduced or increased to the nearest whole number, by ignoring any fraction which is less than one-half and treating any other fraction as equivalent to one. (4) The adjustment . . . is the application to the standard amount of the fraction of which the numerator is the result of the calculation directed to be made by subsection (2) of this section, reduced or increased to the nearest whole number, and the denominator is— (a) . . . (b) in the case of a payment for the benefit of local authorities in Scotland, . . . the number certified by the Secretary of State to be the estimated result, to the nearest whole number, of a similar calculation as respects Scotland.

95 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

96

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In this section and the two next succeeding sections, the expression “the standard amount” means, in relation to a payment for the benefit of local authorites in England and Wales, the sum of eleven million two hundred and fifty thousand pounds, and, in relation to a payment for the benefit of local authorities in Scotland, such sum as is certified by the Secretary of State to be the estimated amount which would have been payable by way of rates in Scotland outside the North of Scotland District for the year 1947–48 in respect of the lands and heritages belonging to the British Electricity Authority or an Area Electricity Board which are by virtue of this Act not liable to be rated.

97

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

98 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

99 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

100 Provisions as to making and division of payments for benefit of local authorities.

(1) The sums falling to be paid under the preceding provisions of this Part of this Act for the benefit of . . . local authorities in Scotland shall be paid to the Secretary of State. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The sums so paid to the Secretary of State for any year shall be distributed by him among local authorities or any classes thereof in accordance with regulations made by him under section 111 of the Local Government (Scotland) Act 1973.

101 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

102 Treatment of payments for benefit of local authorities.

(1) Any payments made under this Part of this Act by the British Transport Commission, the British Electricity Authority the Electricity Council or the North of Scotland Hydro-Electric Board shall, if and so far as it is so prescribed, be taken into account for any purposes of this or any other Act as if they were paid on account of rates, and in computing the product of a penny rate, but, save as aforesaid, shall not be deemed to be payments on account of rates. (2) Where, under any statutory provision other than this Act, any amount falls to be calculated by reference to the rateable value for any area, the Minister or, as respects Scotland, the Secretary of State, may by regulations provide that, for the purposes of that statutory provision, the rateable value for the area of any local authority who receive any payment from the sums paid for the benefit of local authorities under this part of this Act shall be deemed to be increased by an amount calculated, by reference to the payments so made to that authority, in such manner as may be prescribed by the regulations.

103 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

104 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

105 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

106 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

107 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

108 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

109 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

111 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

120

(1), (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

121 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

122 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

123 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

124 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

125 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

126 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

127 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

128 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

129 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

133 War memorials.

(1) In section (1) of the War Memorials (Local Authorities’ Powers) Act, 1923 (which enables local authorities, as defined in that Act, to incur reasonable expenditure in the maintainance, repair and protection of war memorials in their district which are vested in them) for the words “which may be vested in them” there shall be substituted the words “whether vested in them or not.” (2) The matters on which expenditure may be incurred under the said section one shall include the alteration of any memorial to which that section applies so as to make it serve as a memorial in connection with any war subsequent to that in connection with which it was erected and the correction of any error or omission in the inscription on any such memorial. (3) The War Memorials (Local Authorities’ Powers) Act 1923, as amended by the foregoing provisions of this section shall extend to Scotland subject to the following modifications— (ia) in section 1, for the words “within their district” there shall be substituted the words “whether within or outside their area” (i) section four shall not apply; and (ii) “local authority” means an island or district council.

134 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

136 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

137 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

138 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

140 Compensation to officers.

(1) The Minister shall by regulations provide for the payment by the appropriate authority, subject to such exceptions or conditions as may be specified in the regulations, of compensation to persons who are, or who, but for any war service in which they have been engaged, would be, officers or servants of any rating authority, any joint committee of rating authorities, any assessment committee, any county valuation committee, any council of a county, the quarter sessions for the County of London, . . . who suffer loss of employment or loss or diminution of emoluments which is attributable to the coming into force of any Part of this Act. (2) Any such regulations may include provision as to the manner in which and the persons to whom any claim for compensation under this section is to be made, and for the determination of all questions arising under the regulations. (3) The appropriate authority referred to in subsection (1) of this section is— (a) in the case of officers or servants of a rating authority, the rating authority; (b) in the case of officers or servants of a joint committee of rating authorities, all the rating authorities represented on that committee in proportion to the rateable values of their rating areas on the thirty-first day of March, nineteen hundred and forty-eight; (c) in the case of officers or servants of an assessment committee, the rating authority for the assessment area of that committee, or, where the assessment area consists of more than one rating area, all the rating authorities in that assessment area in proportion to the rateable values of their rating areas on the thirty-first day of March, nineteen hundred and forty-eight; (d) in the case of officers or servants of a council of a county or of a county valuation committee, the council of the county; (e) in the case of officers or servants of the quarter sessions for the County of London, the London County Council; . . . (f) . . . (4) In this section, the expression “war service” means service in any of His Majesty’s forces and such other employment as may be prescribed by regulations of the Minister.

141 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

142 Provisions as to statutory instruments under this Act.

(1) Any power to make regulations conferred by this Act shall be exercisable by statutory instrument, and any such statutory instrument shall be subject to annulment in pursuance of a resolution of either House of Parliament: Provided that this subsection shall not apply where, under any of the preceding provisions of this Act, a power to make regulations is expressed to be exercisable by statutory instrument and either— (a) the instrument is required to be laid before Parliament after it is made; or (b) a draft of the instrument is required to be laid before Parliament. (2) Any power to make orders conferred by this Act shall be exercisable by statutory instrument.

143 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

144 Interpretation.

(1) In this Act, except so far as the contrary is expressly provided or the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say— “Minister” means the Secretary of State; “local authority” means the council of a county, county borough, London borough or district, or the Common Council of the City of London; “year” means a period of twelve months beginning with the first day of April; “rating area”, “rate”, “owner”, “hereditament” and “clerk” have . . . the meanings assigned to them by section one hundred and fifteen of the General Rate Act 1967; “garden” includes a park; “railway” includes a light railway and a tramway authorised to be constructed by any special Act, other than a light railway or tramway laid wholly or mainly along a public highwayroadand used wholly or mainly for the carriage of passengers; “inland waterway” includes any such waterway, whether natural or artificial; “statutory provision” means a provision, whether of a general or special nature, contained in, or in any document made or issued under, any Act, whether of a general or special nature. (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) Any reference in this Act to the product of a rate of a specified sum in the pound for any area shall be construed as a reference to the aggregate of the product of a rate of one penny in the pound for all the rating areas within the area multiplied by the number of pence in the said sum. (4) The product of a rate of one penny in the pound for a rating area shall, for the purposes of this Act, be taken to be the product of a penny rate for that area as ascertained or estimated for the purpose of subsection (2) of section nine of the Rating and Valuation Act, 1925: Provided that— (a) in the case of an area in London, the product of a penny rate for the area shall, as respects years as respects which the said subsection (2) does not extend to London, be taken to be the product of a penny rate for the area as ascertained or estimated by the district auditor in accordance with the principles for the time being applicable outside London to the ascertainment and estimation of the product of a penny rate for the purposes of the said section nine ; (b) nothing in this subsection detracts from the provisions of this Act enabling the Minister to make regulations as respects the way in which payments for the benefit of local authorities under Part V of this Act are to be treated. (5) Any reference in this Act to the aggregate gross charge to rates for any year for any area shall be construed as a reference to the total of the amounts required to be paid by virtue of all the rates made by all the authorities in the area for the year or any part thereof, calculated as if, in the case of each hereditament, the amount payable were that ascertained by applying the poundage of the rate to the rateable value of the hereditament, without any allowance or deduction. (6) In this Act, the expression 1947-48 means the year ending on the thirty-first day of March, nineteen hundred and forty-eight, and any corresponding expression in which two years are similarly mentioned means the year ending on the thirty-first day of March in the second mentioned of those two years. (7) In this Act, the expression “the North of Scotland District” means, as respects any period up to and including the vesting date within the meaning of the Electricity Act 1947, the North of Scotland District as existing on that date for the purposes of that Act, and, as respects any subsequent period, means that District as for the time being existing for the purposes of that Act. (8) Any references in this Act to a local authority in a county shall be construed as including only local authorities whose areas form part of the county. (9) Any reference in this Act to the alteration of a valuation list or draft valuation list includes a reference to the insertion in the list or draft list or the omission from the list or draft list of any hereditament, and references to the alteration of the valuation list with respect to a hereditament shall be construed accordingly. (10) Except so far as the context otherwise requires, any reference in this Act to any other enactment shall be construed as a reference to that enactment as amended, extended or applied by or under any other enactment, including this Act.