(1) A Local Commissioner who proposes to investigate a matter under this Part must give the following persons an opportunity to comment on the matter—
(a) the adult social care provider concerned;
(b) any person who is alleged in the complaint (if any) to have taken or authorised the action which would be the subject of the investigation;
(c) any person who otherwise appears to the Local Commissioner to have taken or authorised that action.
(2) Every investigation under this Part is to be conducted in private.
(3) Subject to subsection (2), the procedure for conducting an investigation is to be such as the Local Commissioner considers appropriate in the circumstances of the case.
(4) The Local Commissioner may, in particular—
(a) obtain information from such persons and in such manner as the Local Commissioner thinks fit,
(b) make such inquiries as the Local Commissioner thinks fit, and
(c) determine whether any person may be represented (by counsel, solicitor or otherwise) in the investigation.
(5) The Local Commissioner may, if the Local Commissioner thinks fit, pay to the person by whom the complaint (if any) was made, and to any other person who attends or furnishes information for the purposes of an investigation under this Part—
(a) sums in respect of the expenses properly incurred by them;
(b) allowances by way of compensation for the loss of their time.
(1) For the purposes of an investigation under this Part a Local Commissioner may require the following persons to furnish information or produce documents relevant to the investigation—
(a) the adult social care provider concerned;
(b) any other person who in the Local Commissioner's opinion is able to furnish any such information or produce any such documents.
(2) Nothing in subsection (1) affects the restriction imposed by section 34X of the PSOWA 2005.
(3) For the purposes of an investigation under this Part a Local Commissioner has the same powers as the High Court in respect of—
(a) the attendance and examination of witnesses, and
(b) the production of documents.
(4) To assist in any investigation, a Local Commissioner may obtain advice from any person who in the Local Commissioner's opinion is qualified to give it.
(5) A Local Commissioner may pay to any such person giving advice such fees or allowances as the Local Commissioner may determine.
(6) A Local Commissioner may appoint and pay a mediator or other appropriate person to assist in the conduct of an investigation under this Part.
(7) Any person appointed under subsection (6) is to be deemed to be an officer of the Commission in carrying out functions under that appointment.
(8) No person may be compelled for the purposes of an investigation under this Part to give any evidence or produce any document which the person could not be compelled to give or produce in civil proceedings before the High Court.
(9) If any person without lawful excuse—
(a) obstructs a Local Commissioner in the performance of the Local Commissioner's functions under this Part,
(b) obstructs any person discharging or assisting in the discharge of those functions, or
(c) is guilty of an act or omission in relation to an investigation under this Part which, if that investigation were a proceeding in the High Court, would constitute contempt of court,
the Local Commissioner may certify the offence to the High Court.
(10) Where an offence is so certified, the High Court may inquire into the matter and, after hearing any witnesses who may be produced against or on behalf of the person charged (“D”), and after hearing any statement that may be offered in defence, deal with D in any manner in which the High Court could deal with D if D had committed the like offence in relation to the High Court.
(1) A Local Commissioner must prepare a written statement in accordance with subsections (2) to (4) if the Local Commissioner—
(a) decides not to investigate a matter under this Part,
(b) decides to discontinue such an investigation, or
(c) completes such an investigation.
(2) In a case falling within subsection (1)(a) or (b), the statement must set out the Local Commissioner's reasons for the decision.
(3) In a case falling within subsection (1)(c), the statement must—
(a) set out the Local Commissioner's conclusions on the investigation, and
(b) include any recommendations the Local Commissioner considers it appropriate to make.
(4) The recommendations the Local Commissioner may make are recommendations with respect to action which, in the Local Commissioner's opinion, the adult social care provider concerned should take—
(a) to remedy any injustice sustained by the person affected in consequence of the action of the provider which was the subject of the investigation, and
(b) to prevent injustice being caused in the future in consequence of similar action of the provider.
(5) The Local Commissioner must send a copy of a statement prepared under this section to each of the persons concerned.
(6) The persons concerned are—
(a) the complainant (if any);
(b) the adult social care provider concerned;
(c) any person who is alleged in the complaint (if any) to have taken or authorised the action which was the subject of the investigation;
(d) any person who otherwise appears to the Local Commissioner to have taken or authorised such action.
(7) The Local Commissioner may send a copy of a statement prepared under this section to—
(a) the Care Quality Commission, and
(b) any local authority which appears to the Commissioner to have an interest in the subject matter of the statement.
(8) The statement must identify the adult social care provider concerned unless—
(a) the provider is an individual, or a particular individual would, in the opinion of the Local Commissioner, be likely to be identified as a result of identifying the provider, and
(b) the Local Commissioner considers that it is not appropriate for the individual to be identified.
(9) The statement must not—
(a) mention the name of any person other than the provider, or
(b) contain any particulars which, in the opinion of the Local Commissioner, are likely to identify any other person and can be omitted without impairing the effectiveness of the statement,
unless, after taking into account the public interest as well as the interests of that person, the complainant (if any) and of other persons, the Local Commissioner considers it necessary to mention the name of that person or to include in the statement any such particulars.
(1) This section applies where an adult social care provider receives a statement prepared under section 34H which contains recommendations.
(2) The adult social care provider concerned must—
(a) consider the statement, and
(b) notify the Local Commissioner within the required period of the action which the provider has taken or proposes to take.
(3) The Local Commissioner may by notice require the provider to arrange for an adverse findings notice to be published in accordance with subsections (4) and (5) if the Local Commissioner—
(a) does not receive the notification mentioned in subsection (2)(b) within the required period or is satisfied before the end of that period that the adult social care provider concerned has decided to take no action,
(b) is not satisfied with the action which the provider concerned has taken or proposes to take, or
(c) does not within a period of one month beginning with the end of the required period, or such longer period as the Local Commissioner may agree in writing, receive confirmation that the provider has taken action, as proposed, to the satisfaction of the Local Commissioner.
(4) An adverse findings notice is a notice, in such form as the adult social care provider concerned and the Local Commissioner may agree, consisting of—
(a) details of any action recommended in the statement which the provider has not taken;
(b) such supporting material as the Local Commissioner may require;
(c) if the provider so requires, an explanation of the provider's reasons for having taken no action on, or not the action recommended in, the statement.
(5) The adverse findings notice must be published by the adult social care provider in such manner as the Local Commissioner may direct.
(6) If the adult social care provider—
(a) fails to arrange for the publication of the adverse findings notice in accordance with subsections (4) and (5), or
(b) is unable, within the period of one month beginning with the date on which the provider received the notice under subsection (3), or such longer period as the Local Commissioner may agree in writing, to agree with the Local Commissioner the form of the adverse findings notice to be published,
the Local Commissioner must arrange for an adverse findings notice to be published in such manner as the Local Commissioner considers appropriate.
(7) The adult social care provider concerned must reimburse the Commission on demand any reasonable expenses incurred by the Local Commissioner in performing the duty under subsection (6).
(8) In this section the “required period” means—
(a) the period of one month beginning with the date on which the adult social care provider concerned received the statement, or
(b) such longer period as the Local Commissioner may agree in writing.
34J Publication of statements etc. by Local Commissioner
(1) A Local Commissioner may—
(a) publish all or part of a statement under section 34H,
(b) arrange for further publication of all or part of an adverse findings notice published under section 34I(3) or (6), or
(c) publish a summary of a matter which is the subject of a statement or adverse findings notice under section 34H or 34I,
if, after taking into account the public interest as well as the interests of the complainant (if any) and of other persons, the Local Commissioner considers it appropriate to do so.
(2) A Local Commissioner may—
(a) supply a copy of all or part of a statement, adverse findings notice or summary mentioned in subsection (1) to any person who requests it, and
(b) charge a reasonable fee for doing so.
(3) Subsections (8) and (9) of section 34H apply to any part of a summary of a matter that is published, or a copy of which is supplied, under this section as they apply to a statement prepared under that section.
(1) Information obtained by a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, in the course of or for the purposes of an investigation under this Part must not be disclosed except—
(a) for the purposes of the investigation and of any statement, adverse findings notice or summary under section 34H, 34I or 34J,
(b) for the purposes of an investigation under Part 3 and of any report, statement or summary under section 30, 31 or 31B in relation to such an investigation,
(c) for the purposes of a complaint which is being investigated by the Parliamentary Commissioner or the Health Service Commissioner (or both),
(d) for the purposes of any proceedings for an offence under the Official Secrets Acts 1911 to 1989 or sections 1 to 4 or 18 of the National Security Act 2023 alleged to have been committed in respect of information obtained, by virtue of this Part, by a Local Commissioner or by a person discharging or assisting in the discharge of a function of a Local Commissioner,
(e) for the purposes of any proceedings for an offence of perjury alleged to have been committed in the course of an investigation under this Part,
(f) for the purposes of an inquiry with a view to the taking of proceedings of a kind mentioned in paragraph (d) or (e), or
(g) for the purposes of proceedings under section 34G(10).
(2) A Local Commissioner or a person discharging or assisting in the discharge of a function of a Local Commissioner may not be called upon to give evidence in any proceedings (other than proceedings within paragraphs (d), (e) or (g) of subsection (1)) of matters coming to his or her knowledge in the course of an investigation under this Part.
(3) A Local Commissioner must not prepare a statement under section 34H which includes government information unless the Local Commissioner has—
(a) obtained the written consent of an officer of the government department concerned, or
(b) given the department not less than one month's notice in writing of the intention to include the information in a statement.
(4) In subsection (3) “government information” means information disclosed under section 34G(1) which—
(a) is derived from a communication with a government department, and
(b) has not been made public.
(5) Information obtained from the Information Commission by virtue of section 76 of the Freedom of Information Act 2000 is to be treated for the purposes of subsection (1) as obtained for the purposes of an investigation under this Part and, in relation to such information, the reference in paragraph (a) of that subsection to the investigation has effect as a reference to any investigation.
(1) For the purposes of the law of defamation the following are absolutely privileged—
(a) the publication of any matter in communications between an adult social care provider and a Local Commissioner, or any person discharging or assisting in the discharge of a function of a Local Commissioner, for the purposes of this Part;
(b) the publication of any matter by a Local Commissioner or by any person discharging or assisting in the discharge of a function of a Local Commissioner, in communicating for the purposes of this Part with a person mentioned in subsection (2);
(c) the publication of any matter in preparing, making and sending a statement in accordance with section 34H;
(d) the publication of any matter by inclusion in an adverse findings notice published in accordance with section 34I(3), (4) and (5) or (6);
(e) the publication of any matter by inclusion in a statement, adverse findings notice or summary published or supplied under section 34J;
(f) the publication of any matter contained in a report by a Local Commissioner which has been made available to the public, being publication by inclusion in a report made or published under section 34S.
(2) The persons mentioned in subsection (1)(b) are—
(a) a complainant or the person affected in relation to a matter;
(b) the Parliamentary Commissioner, the Health Service Commissioner or any officer of either such Commissioner;
(c) the Care Quality Commission or any officer of that Commission;
(d) a local authority.
(1) Subsection (2) applies if, at any stage in the course of an investigation under this Part, a Local Commissioner forms the opinion that the matters which are the subject of the investigation include a matter which could be the subject of an investigation by—
(a) the Parliamentary Commissioner, in accordance with the PCA 1967;
(b) the Health Service Commissioner, in accordance with the HSCA 1993;
(c) the Scottish Public Services Ombudsman in accordance with the SPSOA 2002; or
(d) the Public Services Ombudsman for Wales, in accordance with the PSOWA 2005 or the PSOWA 2019.
(2) The Local Commissioner—
(a) must consult with the appropriate Commissioner or Ombdusman about the matter, and
(b) where a complaint was made about the matter must, if the Local Commissioner considers it necessary, inform the person initiating the complaint under this Part of the steps necessary to initiate a complaint under the PCA 1967, the HSCA 1993, the SPSOA 2002 or the PSOWA 2005, as the case may be.
(3) Consultation under subsection (2)(a) in relation to a matter under investigation under this Part may be about anything relating to the matter, including—
(a) the conduct of any investigation into the matter, and
(b) the form, content and publication of any report or statement of the results of or conclusions on such an investigation.
(4) Subsection (5) applies if, at any stage in the course of conducting an investigation under the PCA 1967, the Parliamentary Commissioner forms the opinion that the complaint relates partly to a matter which could be the subject of an investigation under this Part.
(5) The Parliamentary Commissioner—
(a) must consult with the appropriate Local Commissioner about the complaint, and
(b) if the Parliamentary Commissioner considers it necessary, must inform the person initiating the complaint of the steps necessary to initiate a complaint under this Part.
(6) Where a Local Commissioner is consulted about a complaint under the PCA 1967 by virtue of subsection (5), subsection (3) applies (with the necessary modifications) as it applies in relation to consultations held by virtue of subsection (2).
(7) Nothing in the following provisions applies in relation to the disclosure of information in the course of consultations held in accordance with this section—
(a) section 11(2) of the PCA 1967;
(b) section 15 of the HSCA 1993;
(c) section 19 of the SPSOA 2002;
(d) section 34X of the PSOWA 2005;
(e) section 34K(1) of this Act.
34N Collaborative working with other Commissioners
(1) If, at any stage in the course of an investigation under this Part, a Local Commissioner forms the opinion that the matters which are the subject of the investigation include a matter within the jurisdiction of—
(a) the Parliamentary Commissioner,
(b) the Health Service Commissioner, or
(c) both,
the Local Commissioner may conduct an investigation under this Part jointly with that Commissioner or those Commissioners.
(2) A Local Commissioner must obtain the consent of the person affected or the complainant (if any) before agreeing to a joint investigation referred to in subsection (1).
(3) If a Local Commissioner forms the opinion that a complaint being investigated by—
(a) the Parliamentary Commissioner,
(b) the Health Service Commissioner, or
(c) both,
relates partly to a matter within the Local Commissioner's jurisdiction by virtue of this Part, the Local Commissioner may conduct an investigation under this Part jointly with that Commissioner or those Commissioners.
(4) If a Local Commissioner conducts an investigation jointly with another person, the requirements of section 34H(1)(c) and (5) (so far as relating to a case where the Local Commissioner conducts an investigation under this Part) may be satisfied by a statement or report made jointly with that person.
34O Disclosure of information by Local Commissioner to Information Commission
(1) A Local Commissioner may disclose to the Information Commission any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part if the information appears to the Local Commissioner to relate to—
(a) a matter in respect of which the Information Commission could exercise any power conferred by—
(i) sections 142 to 154, 160 to 164 or 174 to 176 of, or Schedule 15 to, the Data Protection Act 2018 (certain provisions relating to enforcement),
(ii) section 48 of the Freedom of Information Act 2000 (practice recommendations), or
(iii) Part 4 of that Act (enforcement), or
(b) the commission of an offence under—
(i) a provision of the Data Protection Act 2018 other than paragraph 15 of Schedule 15 (obstruction of execution of warrant etc), or
(ii) section 77 of the Freedom of Information Act 2000 (offence of altering etc records with intent to prevent disclosure).
(2) Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.
34P Disclosure of information by Local Commissioner to Care Quality Commission
(1) A Local Commissioner may disclose to the Care Quality Commission any information obtained by, or furnished to, the Local Commissioner under or for the purposes of this Part if the information appears to the Local Commissioner to relate to a matter in respect of which the Care Quality Commission has functions under any enactment.
(2) Nothing in section 34K(1) applies in relation to the disclosure of information in accordance with this section.
(1) The Commission must—
(a) divide the matters which may be investigated under this Part into such categories as it considers appropriate, and
(b) allocate, or make arrangements for allocating, responsibility for each category of matter to one or more of the Local Commissioners.
(2) The Commission—
(a) must make arrangements for Local Commissioners to deal with matters for which they do not have responsibility pursuant to subsection (1), and
(b) must publish information about the procedures for making complaints under this Part.
(1) In each financial year in which the Commission conducts a review under section 23(12), it must also review the operation (since the last review was made under this subsection) of the provisions of this Part about the investigation of matters.
(2) The Commission may convey to government departments and the Care Quality Commission any recommendations or conclusions reached in the course of a review under subsection (1).
(3) The Commission may—
(a) provide to adult social care providers or any adult social care provider such advice and guidance about good practice as appears to the Commission to be appropriate, and
(b) arrange for the advice and guidance to be published for the information of the public.
(4) Before providing advice or guidance under subsection (3) the Commission must consult such persons as appear to it to be appropriate.
(1) Every Local Commissioner must for each financial year—
(a) prepare a general report on the discharge of the Local Commissioner's functions under this Part, and
(b) submit it to the Commission not later than 2 months after the end of the year to which it relates.
(2) The Commission must for each financial year prepare a general report on the discharge of its functions under this Part (the “Part 3A annual report”).
(3) The Part 3A annual report must be prepared as soon as may be after the Commission has received the reports for the year from Local Commissioners under subsection (1).
(4) The Commission must arrange for the publication of—
(a) the Part 3A annual report, and
(b) the reports which are submitted under subsection (1).
(5) The Commission must lay a copy of the Part 3A annual report before Parliament.
(1) In this Part—
“adult social care” and “adult social care provider” have the meanings given by section 34A;
“Health Service Commissioner” means the Health Service Commissioner for England;
“the HSCA 1993” means the Health Service Commissioners Act 1993;
“the PCA 1967” means the Parliamentary Commissioner Act 1967;
“person affected”—
in relation to a matter which is the subject of a complaint made or to be made under this Part, means a member of the public who claims or is alleged to have sustained injustice in consequence of the matter, and
in relation to a matter coming to the attention of a Local Commissioner to which section 34E applies, means the member of the public who the Local Commissioner considers has, or may have, sustained injustice in consequence of the matter;
“the PSOWA 2005” means the Public Services Ombudsman (Wales) Act 2005;
“the PSOWA 2019” means the Public Services Ombudsman (Wales) Act 2019,
“the SPSOA 2002” means the Scottish Public Services Ombudsman Act 2002.
(2) The following terms have the same meaning in this Part as they have in Part 3—
(a) action (and other expressions connoting action) (see section 34);
(b) the Commission (see section 34);
(c) local authority (see section 34);
(d) Local Commissioner (see section 23(3));
(e) Parliamentary Commissioner (see section 34).
(3) Section 34(1A) applies for the purposes of this Part as it applies for the purposes of Part 3.
35 Removal or relaxation of controls affecting certain local authority functions.
(1) For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in the first column of Schedule 6 to this Act shall have effect subject to the amendments specified in the second column of that Schedule.
(2) Without prejudice to section 43(4) below, any reference in Schedule 6 to this Act to any enactment includes a reference to that enactment as applied by any other enactment, including a local Act.
(3) Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.
(4) An order made under this section—
(a) may be revoked or varied by a further order so made, and
(b) may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.
(5) A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.
(6) In this section “local authority” means any local authority within the meaning of the Local Government Act 1972, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, the Council of the Isles of Scilly, a port health authority, Transport for London and a Passenger Transport Executive.
36 Recovery by local authorities of establishment charges.
(1) In any case where a local authority—
(a) are empowered under any enactment to carry out any works or do any other thing on or in relation to any land or building, and
(b) by virtue of that or any other enactment are entitled to recover from any person expenses incurred by them in exercising that power,
the local authority shall be entitled to recover, together with and in like manner as the expenses which are recoverable as mentioned in paragraph (b) above, such sum as appears to them to be reasonable in respect of their establishment charges.
(2) The provisions of subsection (1) above shall have effect in substitution for any provision contained in any enactment, including an enactment in a local Act, under which a local authority who have exercised any such power as is referred to in subsection (1)(a) above have power to recover any sum in respect of their establishment charges or any element or elements of those charges.
(3) In this section “local authority” has the same meaning as in section 35 above.
39 Compensation for loss of office : extension of cases for which regulations may provide.
For subsection (3) of section 259 of the Local Government Act 1972 (regulations providing for compensation for loss of office attributable to that Act may extend to persons whose loss is attributable to any such transfer or relinquishment of functions as is referred to in paragraph (c) of the new subsection set out below) there shall be substituted the following subsection :—
(3) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who suffer loss of employment or loss or diminution of emoluments which is attributable to—
(a) the provisions of any such order as is referred to in section 326(1) of the Public Health Act 1936 ;
(b) an existing local authority ceasing, as respects the whole or part of their area, to be a food and drugs authority, within the meaning of the Food and Drugs Act 1955 ;
(c) any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936 which are incorporated in the Food and Drugs Act 1955 or in the Slaughterhouses Act 1974 ; or
(d) the provisions of an order under section 46 of the Children and Young Persons Act 1969 ;
and, withour prejudice to the repeal of any enactment by this Act, regulations making provision for any of the cases specified in paragraphs (a) to (d) above may provide that the provisions as to compensation made for that case by section 326 of the Public Health Act 1936, section 129(1) of the Food and Drugs Act 1955 or, as the case may be, paragraph 2 of Schedule 3 to the Children and Young Persons Act 1969 shall not apply in relation to persons to whom the provisions of theregulations apply.
There shall be defrayed out of money provided by Parliament—
(a) any sums required for the payment of grants under this Act or any other expenses of a Minister under this Act;
(b) any increase attributable to the provisions of this Act in the sums payable out of such money under any other Act.
42 Minor and consequential amendments and repeals.
(1) Schedule 7 to this Act, which contains minor amendments and amendments consequential on the provisions of this Act, shall have effect.
(2) The enactments specified in Schedule 8 to this Act are here by repealed to the extent specified in the third column of that Schedule.
43 Short title, commencement, construction, application and extent.
(1) This Act may be cited as the Local Government Act 1974.
(2) Part II, other than sections 16 and 22, and sections 35, 37 and 42 of this Act and Schedules 6 to 8 to this Act shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint, and different days may be so appointed for different provisions and for different purposes.
(3) An order under subsection (2) above appointing a day for the coming into operation of any provision of Schedules 6 to 8 to this Act may contain such savings with respect to the operation of that provision as appear to the Secretary of State to be appropriate.
(4) Any reference in this Act to any other enactment shall be construed as referring to that enactment as amended by or under any other enactment, including this Act.
(5) In their application to the Isles of Scilly, the provisions of Parts I and IV of this Act shall have effect subject to such modifications as the Secretary of State may by order made by statutory instrument direct.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , this Act shall not extend to Scotland or to Northern Ireland.
SCHEDULE 1 Termination or Modification of Certain Existing Grants
Sections 1, 6 and 8.
Part I
1—5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Part II Existing Grants for Highways and Public Transport
6 Subject to paragraph 8 below, on and after 1st April 1975 the power of the Secretary of State—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) to make grants to a Passenger Transport Executive under section 20(8) of the Transport Act 1968 (towards expenditure incurred by the Executive for certain areas in pursuance of agreements with the Railways Board for the provision of railway passenger services), and
(c) to make grants to any person under section 56(1) of the Transport Act 1968 (towards capital expenditure incurred or to be incurred in the provision, improvement or development of facilities for public passenger transport),
shall cease to be exercisable except in cases where it appears to the Secretary of State that, notwithstanding the grants for which provision is made in Part I of this Act, the whole or any part of any expenditure in respect of which any such advances or grants as are referred to in . . . , paragraph (b) or paragraph (c) above could be made should not fall on the local highway authority, Passenger Transport Executive or other person concerned.
7 No grants shall be paid under section 34(2) of the Transport Act 1968 (towards expenditure incurred by local authorities in making grants to provide assistance for rural bus or ferry services and in the provision of such ferry services) in respect of expenditure incurred in connection with the provision, improvement or continuance, after the end of the year 1974-75, of any bus service or ferry service, within the meaning of that Act.
8 (1) In any case where it appears to the Secretary of State—
(a) that any person other than a local authority, a Passenger Transport Executive or London Regional Transport has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the Transport Act 1968, and
(b) that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,
then, notwithstanding anything in paragraph 6 above, the Secretary of State may, on or after 1st April 1975, make to that person under that section any grant which he considers appropriate in the light of that undertaking.
(2) In sub-paragraph (1)(a) above “local authority” includes the council of an administrative county, county borough or county district.
9 (1) In any case where it appears to the Secretary of State—
(a) that a Passenger Transport Executive . . . has before 1st April 1975 entered upon a course of expenditure of a capital nature such as is referred to in section 56(1) of the Transport Act 1968, and
(b) that the course of expenditure was entered upon in reliance on an undertaking by the Secretary of State to make a grant or grants towards that expenditure under that section,
the Secretary of State shall, as soon as practicable after 1st April 1975, give notice in writing to the appropriate local authority specifying the purpose of the expenditure, the Executive carrying it out and particulars of the grant or grants to which the undertaking relates, including the terms and conditions upon which the grant or grants were to be made and details of the amount or proportion thereof already paid at that date.
(2) An authority to whom a notice is given under sub-paragraph (1) above shall make to the Executive specified in the notice payments under subsection (2) of section 56 of the Transport Act 1968—
(a) corresponding in amount to the payments which, in accordance with the particulars specified in the notice, would have been made under the grant or grants concerned, and
(b) on terms and conditions corresponding, as near as may be, to those so specified,
and, in relation to the authority, expenditure for the purpose specified in the notice shall be conclusively presumed for the purposes of that subsection to be expenditure towards which payments may be made under that subsection.
(3) In sub-paragraph (1) above “the appropriate local authority”, in relation to a Passenger Transport Executive, means the county council which is the Passenger Transport Authority for the Executive’s area . . .
Part III Existing Grants for Other Specific Purposes
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 (1) The Secretary of State may from time to time, by order made by statutory instrument, provide that, with effect from such year as may be specified in the order, no grant shall be paid under any such local authority grant provision as may be so specified or that no grant shall be so paid except in respect of expenditure of a description so specified.
(2) In this paragraph “local authority grant provision” means an enactment providing for the payment of grants to local authorities (within the meaning of the enactment concerned) in respect of expenditure incurred in connection with a specific function.
(3) An order under this paragraph may contain such provisions as appear to the Secretary of State to be necessary or proper in consequence of the termination of the grants, including provision amending, repealing or revoking, with or without savings, any enactment or instrument made under an enactment.
(4) No order under this paragraph shall have effect unless it is approved by a resolution of each House of Parliament.
Section 23.
Disqualifications
1 (1) A person shall be disqualified for being appointed as, or for being, a Local Commissioner if—
(a) he is disqualified for being elected, or being, a member of any authority to which Part 3 of this Act applies; or
(b) he is a member of any of those authorities ....
(2) A Local Commissioner shall not at any time conduct a case arising in an area if it is wholly or partly within an area for which one of those authorities is responsible and, within the five years ending at that time, the Local Commissioner —
(a) has been a member of that authority,
(b) has taken action on behalf of that authority in the exercise of any of their functions, or
(c) has taken action which, by virtue of an enactment, is treated as having been taken by that authority in the exercise of any of their functions.
(2A) A Local Commissioner shall not conduct a case which involves an adult social care provider if the Local Commissioner has a financial or other interest in the provider which is likely to affect prejudicially the exercise of his functions.
(2B) In sub-paragraph (2A) “adult social care provider” has the same meaning as in Part 3A of this Act.
(2C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2D) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3) The acts and proceedings of a person appointed as a Local Commissioner and acting in that office ... shall, notwithstanding his disqualification under this paragraph, be as valid and effectual as if he had been qualified.
2A A Local Commissioner shall be disqualified for being appointed to a paid office by an authority to which Part 3 of this Act applies—
(a) while the categories of matter for which the Local Commissioner has responsibility pursuant to section 23(8A) include—
(i) matters relating to the authority, or
(ii) matters of a description which may include matters relating to the authority, and
(b) for three years after the Local Commissioner ceases to have responsibility for such matters pursuant to section 23(8A).
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Remuneration, etc.
3 (1) The Commission shall pay to or in respect of their Local Commissioners and their officers such amounts, by way of remuneration, pensions, allowances or gratuities or by way of provision for any such benefits, as the Secretary of State may...determine.
(2) If a person ceases to be a Local Commissioner and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Commission may pay to that person a sum of such amount as the Secretary of State may... determine.
(3) Sub-paragraphs (1) and (2) above apply in relation to Commissioners who are advisory members of the Commission as they apply in relation to Local Commissioners.
Staff and accommodation
4 (1) The Commission may appoint a secretary, and such other officers as they may consider to be required for the discharge of their functions.
(2) The Commission shall make arrangements to enable Local Commissioners to investigate matters , and in particular arrangements for—
(a) allocating members of their staff to assist Local Commissioners, and
(b) providing offices and other accommodation.
(3) An officer of the Commission shall not be allocated to assist a Local Commissioner without the approval of that Local Commissioner.
(4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Proceedings of the Commission
5 (1) The Commission may determine their own procedure, including the quorum necessary for their meetings.
(2) The validity of any proceedings of the Commission shall not be affected by any vacancy among the members of the Commission or by any defect in the appointment of any member of the Commission.
(3) The Commission shall be a body corporate, and their common seal shall be authenticated by the signature of a member of the Commission, or of some other person authorised in that behalf by the Commission.
Expenses of the Commission
5A (1) The Secretary of State must pay to the Commission in respect of each financial year such amount as he determines to be the amount required for the discharge during that year of the functions of the Commission.
(2) A determination under sub-paragraph (1) must be approved by the Treasury.
6 ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Delegation
13 (1) Any function of a Commissioner may be discharged on the Commissioner's behalf—
(a) by any person authorised by the Commissioner to do so, and
(b) to the extent so authorised.
(2) Sub-paragraph (1) does not affect the responsibility of the Commissioner for the discharge of the function.
(3) Any function of the Commission may be discharged on the Commission's behalf—
(a) by any person authorised by the Commission to do so, and
(b) to the extent so authorised.
(4) Sub-paragraph (3) does not affect the responsibility of the Commission for the discharge of the function.
Section 26.
1 The commencement or conduct of civil or criminal proceedings before any court of law.
2 Action taken by or on behalf of any local policing body in connection with the investigation or prevention of crime.
3 (1) Action taken in matters relating to contractual or other commercial transactions of any authority to which Part 3 of this Act applies relating to—
(a) the operation of public passenger transport;
(b) the carrying on of a dock or harbour undertaking;
(c) the provision of entertainment;
(d) the provision and operation of industrial establishments;
(e) the provision and operation of markets.
(2) Sub-paragraph (1) does not include transactions for or relating to—
(a) the acquisition or disposal of land;
(b) the acquisition or disposal of moorings which are not moorings provided in connection with a dock or harbour undertaking.
(3) Sub-paragraph (1)(a) does not include action taken by or on behalf of the London Transport Users Committee in operating a procedure for examining complaints or reviewing decisions.
(4) Sub-paragraph (1)(e) does not include transactions relating to—
(a) the grant, renewal or revocation of a licence to occupy a pitch or stall in a fair or market, or
(b) the attachment of any condition to such a licence.
4 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.
5 (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(2) Any action concerning—
(a) the giving of instruction, whether secular or religious, or
(b) conduct, curriculum, internal organisation, management or discipline,
in any school or other educational establishment maintained by the authority , except so far as relating to special educational needs (within the meaning given by section 579(1) of the Education Act 1996) or additional learning needs (within the meaning given by section 2 of the Additional Learning Needs and Education Tribunal (Wales) Act 2018).
5A Action which—
(a) is taken by or on behalf of a local authority in its capacity as a registered provider of social housing, and
(b) is action in connection with its housing activities so far as they relate to the provision or management of social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008).
5B In the case of a local authority which is a registered provider of social housing, action taken by or on behalf of the authority in connection with the management of dwellings owned by the authority and let on a long lease (and here “long lease” has the meaning given by section 59(3) of the Landlord and Tenant Act 1987).
6 Action taken by or on behalf of an authority mentioned in section 25(1)(ba) or (bb) of this Act which is not action in connection with functions in relation to housing —
(a) action in connection with functions in relation to social housing (and here “social housing” has the same meaning as in Part 2 of the Housing and Regeneration Act 2008), or
(b) action in connection with functions in relation to anything other than housing.
7 Action taken by or on behalf of an authority mentioned in section 25(1)(bd) of this Act which is not action in connection with functions in relation to town and country planning.
8 Action taken by or on behalf of the Homes and Communities Agency which is not action in connection with functions in relation to town and country planning.
Schedule 5A Matters not subject to investigation under Part 3A
Section 34B
1 A matter which could be the subject of an investigation by a Local Commissioner under Part 3.
2 A matter which could be the subject of an investigation by the Health Service Commissioner under the HSCA 1993.
3 The commencement or conduct of civil or criminal proceedings before any court of law.
4 Action taken in respect of appointments or removals, pay, discipline, superannuation or other personnel matters.
Section 35.
Enactment relating to local authority function | Amendment
1. Section 94 of the Public Health Act Amendment Act 1907 (power of local authorities to licence pleasure boats and boatmen). | In subsection (1), for the words from “annual fees” to the end of the subsection there shall be substituted the words “for each type of licence such annual fee as appears to them to be appropriate”.
2.—(1) Section 1 of the Performing Animals (Regulation) Act 1925 (restriction on exhibition and training of performing animals). | In subsection (2), for the words “the prescribed fee” there shall be substituted the words “such fee as appears to the local authority to be appropriate” ; in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, shall be omitted; in subsection (7) the words “subject to payment of the prescribed fee” shall be omitted; and at the end of the section there shal be added the following subsection : “(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them”.
(2) Section 5(3) of that Act (expenses of local authorities, etc.). | The words from “and the fee for registration” to the end shall be omitted.
3. . . . | . . .
4. Section 3 of the Civic Restaurants Act 1947 (financial provisions). | In subsection (1) (every civic restaurant authority to keep an account of income and expenditure on income account, and form of that account and particulars to be included therein to be prescribed by Minister of Agriculture, Fisheries and Food) the words from “and the form of the account” to the end of the subsection shall be omitted and in subsection (2) (every civic restaurant authority to endeavour to ensure that their income under the Act is sufficient to defray their expenditure thereunder and if their account shows a deficit for three consecutive financial years their powers to cease to be exercisable) the words from “and if the account” to the end of the subsection shall be omitted.
5. . . . | . . .
6.—(1) Section 64 of the National Parks and Access to the Countryside Act 1949 (power of local planning authority to male access agreements with landowners in theri area). | In subsection (1) the words “with the approval of the Minister” shall be omitted.
(2) Section 65 of that Act (power of local planning authorities to make access orders). | Subsection (6) (power of Secretary of State to direct a local planning authority to make an access order or to make such an order himself) shall be omitted.
(3) Section 104 of that Act (general provisions as to appropriation and disposal of land). | Subsections (7) and (8) (power of Secretary of State to require local authority to dispose of land in certain cases and to resolve differences as to the best consideration in those cases) shall be omitted.
(4) Section 105 of that Act (default powers of Secretary of State). | The section shall cease to have effect.
7. . . . | . . .
8. Section 1 of the Pet Animals Act 1951 (licensing of pet shops by local authorities). | In subsection (2), as originally enacted, the words “not exceeding ten shillings” shall be omitted.
9. . . . | . . .
10. Section 6 of the Pests Act 1954 (Order in Council may authorise a port health authority to make and recover charges for inspection of ships and hovercraft). | The words from the beginning to “may authorise” shall be omitted ; for the words “to make and recover charges” there shall be substituted the words “may impose such charges as appear to the authority to be appropriate” ; and for the words “any such Order in Council” there shall be substituted the words “ any Order in Council under section 23 of the Prevention of Damage by Pests Act 1949 ”.
11. . . . | . . .
Subsection (3) (advertisement of local authority’s intention to apply for Minister’s approval) shall be omitted.
12. . . . | . . .
13. Schedule 2 to the Caravan Sites and Control of Development Act 1960 (orders of district councils prohibiting caravans on commons). | In paragraph 3, sub-paragraph (1) (service of notices and power of Secretary of State to dispense with service) for the words “Provided that where” there shall be substituted the words “unless the council are satisfied that” and the words from “the Minister” to the end of the sub-paragraph shall be omitted.
14. Section 2 of the Local Authorities (Land) Act 1963 (power of local authorities to develop land for the benefit or improvement of their area). | Subsections (2) and (3) (consent of the Secretary of State required for local authorities to develop land) shall be omitted.
15. . . . | . . .
16. Schedule 12 to the London Government Act 1963 (licensing of public entertainments in Greater London). | In each of paragraphs 3 and 6 (fees payable on application for licences for differing types of public entertainment to be such as the Greater London Council may fix. within specified limits) the words from “not exceeding” to the end of the paragraph shall be omitted.
17. Section 1 of the Animal Boarding Establishments Act 1963 (licensing by local authorites of boarding establishments for animals). | In subsection (2), as orignally enacted, the words “not exceeding ten shillings” shall be omitted.
18. Section 1 of the Riding Establishments Act 1964 (licensing of riding establishments by local authorities). | In subsection (2), for the words from “and on payment” to “grant” there shall be substituted the words “grant, on payment of such fee as may be determined by the local authority”.
19.—(1) Section 5 of the Plant Health Act 1967 (execution of Act by local authorities). | In subsection (2) (local authorites to keep certain records in such manner and form as competent authority may direct), the words from “in such manner” to “direct” shall be omitted.
(2) Section 6 of that Act (publication of orders). | In subsection (3) (local authoritites to publish orders in such manner and form as competent authority directs) the words from “in such manner as the competent authority directs” to “such direction” shall be omitted.
20. . . . | . . .
21. . . . | . . .
22.—(1) Section 10 of the Transport Act Act 1968 (general powers of the Passengers Transport Executive). | In subsection (1)(xvi) (power with Passenger Transport Authority’s approval and Secretary of State’s consent, to make arrangements for transfer of part of the Executive’s undertaking of property to persons who have agreed to carry on any of the Executive’s activities) the words “and the consent of the Minister” shall be omitted.
(2)Section 11 of that Act (financial duty of Executive). | Subsection (4) (Executive to submit to Secretary of State statement of Executive’s proposals for expenditure on capital account and power of Secretary of State to limit such expenditure) shall be omitted.
(3) Section 12 of that Act (borrowing powers of Executive). | In subsection (4) (power of certain councils to lend money to Executive and, with Secretary of State’s consent, to borrow money for that purpose) the words “with the consent of the Minister” shall be omitted.
(4) Section 13 of that Act (power fot Authority to precept for Executive). | Subsection (4) (power of Secretary of State to restrict the aggregate amount for which Authority may issue precepts) shall be omitted.
(5) Section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities). | In subsection (2), in paragraph (c), the final word “and” and paragraph (d) (in certain cases report to contain such information as the Secretary of State may direct) shall be omitted, and subsections (3) to (5) (Secretary of State’s powers to control conduct of certain types of business carried on by an Executive and subsidiaries thereof) shall be omitted.
(6) Section 18 of that Act (planning of passenger transport services in designated areas). | In subsection (1) (statement of general policy to be prepared within twelve months of establishment of Authority, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted, and in subsection (2) (plan for development of passenger transport system to be prepared within two years of establishment of Executive, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words “to the Minister and” shall be omitted.
(7) . . . | . . .
(8) Section 21 of that Act (provisions as to functions of traffic commissioners in connection with designated areas). | In subsection (5), paragraph (a) (regulations of Secretary of State may require Executive to furnish commissioners with information as to certain road passenger transport services) shall be omitted.
(9) Section 36 of that Act (power of local authority to run public service vehicles as contract carriages). | In subsection (2), the words “subject to subsection (3) of this section” and subsections (3) to (8) (control of Secretary of State over exercise of local authorities’ powers) shall be omitted.
(10) Section 37 of that Act (power of local authorities, with the Secretary of State’s consent, to acquire or dispose of public service vehicle undertakings). | In subsection (1), the words from “with the consent” to “Secretary of State” and subsection (2) (terms on which consent may be given) shall be omitted.
(11) Section 138 of that Act (power of a local authority to make arrangements to reimburse, and to contribute towards, costs incurred by other bodies in granting travel concessions). | Subsections (7) and (8) (power of Secretary of State to prescribe method of calculating cost incurred in providing travel concessions and to make regulations about determinations of disputes with respect to such cost) shall be omitted.
(12) Part III of Schedule 5 to that Act (matters which may be dealt with an order designating a passenger transport area). | Paragraph 14 (making of reports and furnishing of information by Authority and Executive to Secretary of State) shall be omitted.
23. . . . | . . .
24.... | . . .
. . . | . . .
25. . . . | . . .
26.—(1) Section 18 of the Slaughterhouses Act 1974 (power to provide cold stores and refrigerators for public slaughterhouses). | In subsection (1) (power of a local authority, with the approval of the Minister, to provide cold store or refrigerator for the storage and preservation of meat and other articles of food) the words “with the approval of the Minister” shall be omitted and subsections (3) to (5) (advertisement of local authority’s intention to apply for Minister’s approval and provisions as to public inquiries) shall be omitted.
(2) Section 40(9) of that Act (power of local authority to charge fixed fees for grant and renewal of licence). | For the words from “a fee”, in the first place where they occur, to “5p” there shall be substituted the words “such fees as appear to them to be appropriate for the grant and”.
Section 42.
1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3—10. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Water Act 1973
13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
14 In Schedule 6 to that Act, in paragraph (c) after the words “transitional period” there shall be inserted the words “in respect of which no provision is made by agreement under section 32A of this Act” and at the end of the said paragraph (c) there shall be inserted the following paragraph :—
(cc) without prejudice to the generality of paragraph (c) above, for the demand, collection and recovery by a local authority of any such amount as is mentioned in that paragraph in like manner as, and together with, any amount due to the authority in respect of the general rate and for the extension of section 113 of, and the modification of Schedule 12 to, the General Rate Act 1967 (power to make rules, and forms of documents) to take account of any such provision made by the order.
.
The Breeding of Dogs Act 1973
15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 42.
Chapter | Short Title | Extent of Repeal
15 & 16 Geo. 5. c. 38. | The Performing Animals (Regulation) Act 1925. | In section 1, in subsection (5) the words “on payment of the prescribed fee”, in both places where they occur, and in subsection (7) the words “subject to payment of the prescribed fee”.
In section 5, in subsection (3) the words from “and the fee for registration” to the end of the subsection.
26 Geo. 5. & 1 Edw. 8. c. 49. | The Public Health Act 1936. | Section 292.
10 & 11 Geo. 6. c. 22. | The Civic Restaurants Act 1947. | In section 3, in subsection (1) the words from “and the form of the account” to the end of the subsection, and in subsection (2) the words from “and if the account” to the end of the subsection.
11 & 12 Geo. 6. c. 26. | The Local Government Act 1948. | Section 138(2).
12, 13 & 14 Geo. 6. c. 55. | The Prevention of Damage by Pests Act 1949. | In section 7(2) the words “two hundred and ninety-two” and the words “for the inclusion of sums in respect of establishment charges in expenses recoverable under that Act”.
12, 13 & 14 Geo. 6. c. 97. | The National Parks and Access to the Countryside Act 1949. | In section 64(1) the words “with the approval of the Minister”.
Section 65(6).
In section 97, in subsection (1), paragraphs (a) and (b), and in paragraph (c) the words from “and under” to the end of the paragraph, and subsections (6) and (7).
Section 98.
In section 104, subsections (7) and (8).
Section 105.
14 Geo. 6. c. 36. | The Diseases of Animals Act 1950. | In section 43 the words “with the sanction of the Minister”.
Section 61(7).
14 & 15 Geo. 6. c. 35. | The Pet Animals Act 1951. | In section 1(2), as originally enacted, the words “not exceeding ten shillings”.
14 & 15 Geo. 6. c. 60. | The Mineral Workings Act 1951. | In section 19, in subsection (2) the words from “but the local authority” to the end of the subsection, and subsection (4).
2 & 3 Eliz. 2. c. 68. | The Pests Act 1954. | In section 6 the words from the beginning to “may authorise”.
4 & 5 Eliz. 2. c. 16. | The Food and Drugs Act 1955. | In section 80, in subsection (1) the words “with approval of the Minister”, and subsection (3).
7 & 8 Eliz. 2. c. 25. | The Highways Act 1959. | In section 124, in subsection (2), and in subsection (3) the words from “or, in a case where” to “so extended” and the words from “or, if an appeal” to the end of the subsection.
In section 174(2)(b) the words from “which may include” to “and notices”.
8 & 9 Eliz. 2. c. 62. | The Caravan Sites and Control of Development Act 1960. | In Schedule 2, in paragraph 3, in sub-paragraph (1) the words from “the Minister” to the end of the sub-paragraph.
1963 c. 29. | The Local Authorities (Land) Act 1963. | In section 2, subsections (2) and (3).
1963 c. 31. | The Weights and Measures Act 1963. | In section 4(2) the words “and approved for the purpose by the Board”.
In section 5(3) the words “and approved for the purpose of the Board”.
In section 44(1) the words “with the consent of the Board”.
1963 c. 33. | The London Government Act 1963. | In Schedule 12, in each of paragraphs 3 and 6, the words from “not exceeding” to the end of the paragraph.
1963 c. 43. | The Animal Boarding Establishments Act 1963. | In section 1(2), as originally enacted, the words “not exceeding ten shillings”.
1966 c. 9. | The Rating Act 1966. | Section 9.
Section 12(a).
1966 c. 42. | The Local Government Act 1966. | Sections 1 to 5.
Section 8.
Section 10.
In section 27(2) the words from “all or any” to “authorites, and”.
Schedule 1.
In Schedule 3, in Part II, in column 1 the entries numbered 11, 14, 16, 21, 24, 25, 26 and 28.
1967 c. 8. | The Plant Health Act 1967. | In section 5(2) the words from “in such manner” to “direct”.
1967 c. 8—cont. | The Plant Health Act 1967—cont. | In section 6(3) the words from “in such manner as the competent authority directs” to “such direction”.
1967 c. 9. | The General Rate Act 1967. | In section 17(2), in paragraph (a) the words from “not being earlier” to the end of the paragraph, and in paragraph (b) the words from “not being earlier” to the end of the paragraph.
In section 21(7) the words “or in section 22 of this Act”.
Section 22.
Section 35.
Section 49.
In section 51(1) the words “not exceeding two-and-a-half per cent”.
Section 52.
In section 115, in subsection (1) the definitions of “rebate application” and “rebate period”, and subsection (3)(b).
Schedules 9 and 11.
1967 c. 76. | The Road Traffic Regulation Act 1967. | In section 29, in subsection (1) the words from “exercisable” to “approved by him”, and subsection (2).
In section 31, in subsection (2) the words from “and, where an order provides” to the end of the subsection.
In section 37, in subsection (5) the words “in the prescribed manner” and the words from “and in this” onwards.
In section 44, in subsection (2) in the proviso the words from “but shall not be carried forward” to the end of the proviso, and in subsection (3)(c) the words “with the consent of the appropriate Minister”.
In section 46(2) the words “with the consent of the Minister of Housing and Local Government”.
In section 72(6)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”.
In section 84B(8)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”.
1968 c. 41. | The Countryside Act 1968. | In section 2(9) the words “this Act or”.
Section 5.
Sections 33 to 35.
In section 36, in subsection (1) the words from “under this Act” to “making of grants”, and in subsection (8) the words from “and subsections (2)” onwards.
1968 c. 46. | The Health Services and Public Health Act 1968. | In section 12(5) the words “with the approval of the Minister”.
In section 13(2), the words “with the approval of the Minister”.
1968 c. 73. | The Transport Act 1968. | In section 10(1)(xvi) the words “and the consent of the Minister”.
In section 11, subsections (4) and (5).
In section 12(4) the words “with the consent of the Minister”.
In section 13, subsections (4) and (7).
In section 15, in subsection (4) the words from “to the provisions” to the end of the subsection.
In section 16, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5).
In section 18, in each of subsections (1) and (2), the words “to the Minister and”.
Section 21(5)(a).
In section 34, subsections (2) and (3).
In section 36, in subsection (2) the words “subject to subsection (3) of this section” and subsections (3) to (8).
In section 37, in subsection (1) the words from “with the consent” to “Secretary of State”, and subsection (2).
In section 138, subsections (6) to (8) and (9)(a).
In Schedule 5, in Part III paragraph 14.
In Schedule 14, in Part IV paragraph 10.
1969 c. 10. | The Mines and Quarries (Tips) Act 1969. | In section 23(1), paragraph (c) except the final word “and”.
1969 c. 33. | The Housing Act 1969. | Section 74.
1969 c. 35. | The Transport (London) Act 1969. | In section 3, in subsection (1) the words from “but any expenditure” to the end of the subsection.
In section 7, in subsection (5) and in subsection (6), in pargaraph (a) the final word “and” and paragraphs (b) and (c).
In section 12, in subsection (2), in paragraph (c) the final word “and” and paragraph (d), and subsections (3) to (5).
In section 23(6), paragraph (b) and the word “and” immediately preceding it.
In section 29(1)(a) the words “for the purposes of advances under section 235 of the Highways Act 1959”.
1969 c. 53. | The Late Night Refreshment Houses Act 1969. | In section 3, subsections (2) and (3).
Section 12.
1970 c. 21. | The New Forest Act 1970. | Section 4.
1970 c. 32. | The Riding Establishment Act 1970. | In section 2(1), paragraph (i).
1971 c. 41. | The Highways Act 1971. | In section 1(6)(a)(i) the words “for the purposes of advances under section 235 of the principal Act”.
1971 c. 78. | The Town and Country Planning Act 1971. | In section 28(1) the word “either”, paragraph (b) and the word “or” immediately preceding it.
In section 31, subsections (2) and (3).
In section 46, in subsection (1) paragraph (b) and the word “and” immediately preceding it, and in subsection (3) the words from “and the notice” to the end of the subsection.
In section 65(1) the words “then, given to any directions given by the Secretary of State”.
In section 87(1) the words “any directions given by the Secretary of State and to”.
In section 91(4), paragraph (c) except the final word “and”.
1971 c. 78—cont. | The Town and Country Planning Act 1971—cont. | In section 96(1) the words “then, subject to any directions given by the Secretary of State”.
In section 100(1) the words from “give directions” to “or may”.
In section 117, in subsection (1) the words “an application for” and the words from “and the Secretary of State” to the end of the subsection, and in subsection (5) the words “an application for”, “the local authority’s application for” and “be refused or, as the case may be, that such a direction”.
In section 124, subsections (3) and (4), in subsection (6) the words “with the consent of the Secretary of State” and in subsection (8) the words “approved by the Secretary of State”.
In section 125, in subsection (1) the words from “and the Secretary of State” to the end of the subsection, subsection (2) and in subsection (3) the words from “ “preservation” in” to “and”.
In section 164(1) the words from “(other than” to “Secretary of State)”.
In section 212(1) the words “for the purposes of advances under section 235 of the Highways Act 1959”.
In section 276, in subsection (1) the words from “give directions” to “or may” and in subsection (5) paragraph (b), in paragraph (c) the words from “or under” to “this Act” and the words from “give directions” to “or may”.
Section 277(2).
In Schedule 11, in paragraph 11(1) the words from “give directions” to “or may”.
1971 c. lxx. | The Chichester Harbour Conservancy Act 1971. | Section 30(3).
1972 c. 47. | The Housing Finance Act 1972. | In Schedule 9, paragraphs 7 and 8.
1972 c. 70. | The Local Government Act 1970. | Section 203(5).
In Schedule 24, paragraph 11, and in paragraph 12, in section 13 of the Transport Act 1968 as set out in that paragraph, subsection (2).
1973 c. 28. | The Rate Rebate Act 1973. | The whole Act.
1973 c. 37. | The Water Act 1973. | In Schedule 5, in paragraph 11(9) the words from “multiplied by” to “authority for that year”, in paragraph 11(13) the definition of “the conclusive calculation” and paragraph 13(2).
1973 c. 60. | The Breeding of Dogs Act 1973. | Section 4.
1974 c. 3. | The Slaughterhouses Act 1974. | In section 18, in subsection (1) the words “with the approval of the Minister” and subsections (3) to (5).
In Schedule 3, paragraphs 3 and 6.