Law

Local Government Act 1972

United Kingdom · statute

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In force since 2026-10-05, as the publisher states.

Copy read on 2026-11-08. The page it was read from

Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

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Contents: 366 provisions
  1. Title and introductory text
  2. 1 New local government areas in England.
  3. 2 Constitution of principal councils in England.
  4. 3 Chairman.
  5. 4 Election of chairman.
  6. 5 Vice-chairman.
  7. 6 Term of office and retirement of councillors.
  8. 7 Elections of councillors.
  9. 8 Constitution and membership of Greater London Council and London borough councils.
  10. 9 Parish meetings and councils.
  11. 10 Power to dissolve parish councils in small parishes.
  12. 11 Orders for grouping parishes, dissolving groups and separating parishes from groups.
  13. 11A Grouping: alternative styles
  14. 11B De-grouping: alternative styles
  15. 12 Provision supplementary to sections 9 to 11.
  16. 12A Parishes: alternative styles
  17. 12B Groups of parishes: alternative styles
  18. 13 Constitution of parish meeting, etc.
  19. 14 Constitution and powers of parish council.
  20. 15 Chairman and vice-chairman of parish council or meeting.
  21. 16 Parish councillors.
  22. 16A Appointed councillors
  23. 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  24. 17A Alternative styles: supplementary
  25. 18 Establishment of new authorities in England.
  26. 19 Extent of Part I.
  27. 20 New principal local government areas in Wales.
  28. 21 Constitution of principal councils in Wales.
  29. 22 Chairman.
  30. 23 Election of chairman.
  31. 24 Vice-chairman.
  32. 24A Presiding member
  33. 24B Deputy presiding member
  34. 25 Term of office and retirement of councillors.
  35. 25A Title of chairman or vice-chairman of county borough council.
  36. 25B Title of civic chair
  37. 26 Elections of councillors.
  38. 27 Community meetings and continuation of community councils.
  39. 27A Power of community meeting to apply for an order establishing a community council
  40. 27B Orders establishing separate community councils for communities
  41. 27C Power of community meeting to apply for an order dissolving its separate community council
  42. 27D Orders dissolving separate community councils for communities
  43. 27E Power of community meeting to apply for an order grouping its community with other communities under a common community council
  44. 27F Orders grouping a community with other communities under a common community council
  45. 27G Power of community meeting to apply for an order adding its community to a group of communities with a common council
  46. 27H Orders adding a community to a group of communities with a common council
  47. 27I Power of council for a group of communities to apply for an order dissolving the group
  48. 27J Orders dissolving a group of communities
  49. 27K Power of community meeting to apply for an order separating community from a group of communities
  50. 27L Orders separating a community from a group of communities
  51. 27M Power of Welsh Ministers to alter voting thresholds in connection with organisation of community councils
  52. 28 Establishment or dissolution of community councils.
  53. 29 Community councils for groups of communities.
  54. 29A Community councils for groups of communities: dissolution.
  55. 29B Community councils: applications under section 28, 29 or 29A.
  56. 30 Restriction on community applications during and after reviews.
  57. 31 Provision supplementary to sections 27A to 27L.
  58. 32 Constitution of community meeting.
  59. 33 Constitution and powers of community councils.
  60. 33A Consultation with community councils.
  61. 33B Principal council's response to a community poll
  62. 33C Principal council's explanation of its response to a community poll
  63. 34 Chairman and vice-chairman of community council.
  64. 35 Community councillors.
  65. 36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  66. 37 Establishment of principal councils in Wales.
  67. 38 Extent of Part II.
  68. 39–45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  69. 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  70. 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  71. 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  72. 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  73. 50 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  74. 51 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  75. 52 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  76. 53 Local Government Boundary Commission for Wales.
  77. 54 Proposals for changes in local government areas in Wales.
  78. 55 Review of local government areas in Wales.
  79. 56 Power of Secretary of State to direct holding of reviews.
  80. 57 Substantive changes in electoral arrangements.
  81. 57A Exercise of functions by the Welsh Commission on behalf of principal councils
  82. 58 Commission’s reports and their implementation.
  83. 59 Directions about reviews.
  84. 60 Procedure for reviews.
  85. 61 Local inquiries.
  86. 62 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  87. 63 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  88. 64 Review of electoral arrangements for Welsh principal areas.
  89. 65 Delegation of functions of Commission.
  90. 66 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  91. 67 Consequential and transitional arrangements relating to Part IV.
  92. 68 Transitional agreements as to property and finance.
  93. 69 Variation and revocation of orders under Part IV, etc.
  94. 70 Restriction on promotion of Bills for changing local government areas, etc.
  95. 71 Modification of seaward boundaries of local government areas.
  96. 72 Accretions from the sea, etc.
  97. 73 Alteration of local boundaries consequent on alteration of water-course.
  98. 74 Change of name of county, district or London borough.
  99. 75 Change of name of parish.
  100. 76 Change of name of community.
  101. 77 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  102. 78 Supplementary.
  103. 79 Qualifications for election and holding office as member of local authority.
  104. 80 Disqualifications for election and holding office as member of a local authority in England.
  105. 80A Disqualification for election or being a member of a local authority in Wales
  106. 80B Disqualification for being a member of a local authority in Wales and holding local office or employment
  107. 80C Paid office or employment to which disqualification applies
  108. 81 Exceptions to provisions of section 80.
  109. 81A Disqualification relating to sexual offences etc (England)
  110. 82 Validity of acts done by unqualified persons.
  111. 83 Declaration of acceptance of office.
  112. 84 Resignation.
  113. 85 Vacation of office by failure to attend meetings.
  114. 86 Declaration by local authority of vacancy in office in certain cases.
  115. 87 Date of casual vacancies.
  116. 88 Filling of casual vacancy in case of chairman, etc.
  117. 89 Filling of casual vacancies in case of councillors.
  118. 90 Term of office of persons filling casual vacancies.
  119. 91 Temporary appointment of members of parish and community councils.
  120. 92 Proceedings for disqualification.
  121. 93 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  122. 94 Disability of members of authorities for voting on account of interest in contracts, etc.
  123. 95 Pecuniary interests for purposes of section 94.
  124. 96 General notices and recording of disclosures for purposes of section 94.
  125. 97 Removal or exclusion of disability, etc.
  126. 98 Interpretation of sections 95 and 97.
  127. 99 Meetings and proceedings of local authorities.
  128. 100 Admission of public and press to local authority committee meetings.
  129. 100A Admission to meetings of principal councils.
  130. 100B Access to agenda and connected reports.
  131. 100BA Access to agenda and connected reports: principal councils in Wales
  132. 100C Inspection and publication of minutes and other documents after meetings.
  133. 100D Inspection and publication of background papers.
  134. 100E Application to committees and sub-committees.
  135. 100EA Inspection of records relating to functions exercisable by members
  136. 100F Additional rights of access to documents for members of principal councils.
  137. 100G Principal councils to publish additional information.
  138. 100H Supplemental provisions and offences.
  139. 100I Exempt information and power to vary Schedule 12A.
  140. 100J Application to new authorities, Common Council, etc.
  141. 100K Interpretation and application of Part VA.
  142. 101 Arrangements for discharge of functions by local authorities.
  143. 102 Appointment of committees.
  144. 103 Expenses of joint committees.
  145. 104 Disqualification for membership of committees and joint committees.
  146. 105 Disability for voting on account of interest in contracts, etc.
  147. 106 Standing orders.
  148. 107 Application of foregoing provisions to the Common Council.
  149. 108 Committees of parish meetings.
  150. 109 Conferring functions of parish council on parish meeting.
  151. 110 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  152. 111 Subsidiary powers of local authorities.
  153. 112 Appointment of staff.
  154. 113 Placing of staff of local authorities at disposal of other local authorities.
  155. 114 Security to be taken in relation to officers.
  156. 115 Accountability of officers.
  157. 116 Members of local authorities in England not to be appointed as officers.
  158. 116A Members of local authorities in Wales not to be appointed as officers
  159. 117 Disclosure by officers of interest in contracts.
  160. 118 Payment of salary, etc., due to mentally disordered person.
  161. 119 Payments due to deceased officers.
  162. 120 Acquisition of land by agreement by principal councils.
  163. 121 Acquisition of land compulsorily by principal councils.
  164. 122 Appropriation of land by principal councils.
  165. 123 Disposal of land by principal councils.
  166. 123A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  167. 124 Acquisition of land by agreement by parish and community councils.
  168. 125 Compulsory acquisition of land on behalf of parish or community councils.
  169. 126 Appropriation of land by parish and community councils and by parish meetings.
  170. 127 Disposal of land held by parishes and communities.
  171. 128 Consents to land transactions by local authorities and protection of purchasers.
  172. 128A Statutory trust discharge orders
  173. 128B Applications for statutory trust discharge orders
  174. 128C Applications where land has been divided up
  175. 128D The qualifying conditions
  176. 128E The new publicity requirements
  177. 128F Previous advertisement procedure: co-operation by councils etc and presumption
  178. 128G Making statutory trust discharge orders
  179. 128H Sections 128A to 128G: interpretation and application to the Crown
  180. 129 Payment of purchase or compensation money by one local authority to another.
  181. 130 Acquisition by local authorities of lands belonging to the Duchy of Lancaster.
  182. 131 Savings.
  183. 132 Provision of offices, etc. by principal councils.
  184. 133 Provision of parish and community buildings.
  185. 134 Use of schoolroom, etc. in parish or community.
  186. 135 Contracts of local authorities.
  187. 136 Contributions towards expenditure on concurrent functions.
  188. 137 Power of local authorities to incur expenditure for certain purposes not otherwise authorised.
  189. 137A Financial assistance to be conditional on provision of information.
  190. 138 Powers of principal councils with respect to emergencies or disasters.
  191. 138A Prayers and other observances
  192. 138B Involvement with religious events and events connected with a belief
  193. 138C Application of sections 138A and 138B to other authorities
  194. 139 Acceptance of gifts of property.
  195. 140 Insurance by local authorities against accidents to members.
  196. 140A Insurance of voluntary assistants of local authorities.
  197. 140B Insurance of voluntary assistants of probation committee.
  198. 140C Provisions supplementary to sections 140A, 140B.
  199. 140D Application of sections 140, 140A and 140C to corporate joint committees
  200. 141 Research and the collection of information.
  201. 142 Provision of information, etc., relating to matters affecting local government.
  202. 143 Subscriptions to local government associations.
  203. 144 Power to encourage visitors and provide conference and other facilities.
  204. 145 Provision of entertainments.
  205. 146 Transfer of securities on alteration of area, etc.
  206. 146A Joint Authorities and Inner London Education Authority.
  207. 147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  208. 148 Principal councils’ funds and accounts.
  209. 149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  210. 150 Expenses of parish and community councils.
  211. 151 Financial administration.
  212. 152 Revenues from undertakings.
  213. 153 Application of capital money on disposal of land.
  214. 154–167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  215. 168 Local financial returns.
  216. 169 Initial expenses of new authorities.
  217. 170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  218. 171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  219. 172 Miscellaneous amendments of enactments relating to finance and rating.
  220. 173 Attendance allowance and financial loss allowance.
  221. 173A Right to opt for financial loss allowance.
  222. 174 Travelling allowance and subsistence allowance.
  223. 175 Allowances for attending conferences and meetings.
  224. 176 Payment of expenses of official and courtesy visits, etc.
  225. 177 Provisions supplementary to sections 173 to 176.
  226. 177A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  227. 178 Regulations as to allowances.
  228. 179 General provision for transfer of functions.
  229. 180 Public health.
  230. 181 Water and sewerage.
  231. 182 Town and Country Planning.
  232. 183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  233. 184 National Park and countryside functions.
  234. 185 Town development.
  235. 186 Traffic and transportation functions.
  236. 187 Local highway authorities and maintenance powers of district councils.
  237. 188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  238. 189 Commons.
  239. 190 Sites for gipsy encampments.
  240. 191 Ordnance survey.
  241. 192 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  242. 193 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  243. 195 Social services functions.
  244. 196 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  245. 197 Fire services.
  246. 198 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  247. 200 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  248. 201 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  249. 202 Public transport in passenger transport areas.
  250. 203 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  251. 204 Licensing: licensed premises, cinemas, theatres and refreshment houses.
  252. 205 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  253. 206 Public libraries and museums (England).
  254. 207 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  255. 208 Amendments of Public Libraries and Museums Act 1964.
  256. 209 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  257. 210 Charities.
  258. 211 Welsh Church funds.
  259. 212 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  260. 213 Local licence duties.
  261. 214 Cemeteries and crematoria.
  262. 215 Maintenance of a closed churchyard.
  263. 216 Adaptation of law relating to old counties.
  264. 217
  265. 218 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  266. 219 Sheriffs and under-sheriffs.
  267. 220 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  268. 221 Abolition of borough civil courts.
  269. 222 Power of local authorities to prosecute or defend legal proceedings.
  270. 223 Appearance of local authorities in legal proceedings.
  271. 224 Arrangements by principal councils for custody of documents.
  272. 225 Deposit of documents with proper officer of authority, etc.
  273. 226 Custody of parish and community documents.
  274. 227 Provision of depositories for parish and community documents.
  275. 228 Inspection of documents.
  276. 229 Photographic copies of documents.
  277. 230 Reports and returns.
  278. 231 Service of notices on local authorities, etc.
  279. 232 Public notices.
  280. 233 Service of notices by local authorities.
  281. 234 Authentication of documents.
  282. 235 Power of councils to make byelaws for good rule and government and suppression of nuisances.
  283. 236 Procedure etc., for byelaws.
  284. 236A Alternative procedure for certain byelaws
  285. 236B Revocation of byelaws
  286. 237 Offences against byelaws.
  287. 237ZA Section 235 byelaws: powers of seizure etc
  288. 237A Fixed penalty notices
  289. 237B Amount of fixed penalty
  290. 237C Power to require name and address in connection with fixed penalty
  291. 237D Use of fixed penalty receipts
  292. 237E Guidance relating to sections 236A and 237A to 237D
  293. 237F Further provision about regulations and orders under section 237A or 237B
  294. 238 Evidence of byelaws.
  295. 239 Power to promote or oppose local or personal Bills.
  296. 240 Provisional orders and orders subject to special parliamentary procedure.
  297. 241 Power to apply provisions of Act to joint boards, etc.
  298. 242 Effect of inaccurate description.
  299. 243 Computation of time and timing of elections, etc.
  300. 244 Saving of transfer of certain powers under local Acts from Treasury to Secretary of State.
  301. 244A Application of this Part to the London Fire Commissioner
  302. 245 Status of certain districts, parishes and communities.
  303. 245A Change of status of Welsh county to county borough.
  304. 245B Community having the status of a town.
  305. 246 Preservation of powers, privileges and rights of existing cities or boroughs.
  306. 247 Transfer of armorial bearings from old to new authorities.
  307. 248 Freemen and inhabitants of existing boroughs.
  308. 249 Honorary titles.
  309. 250 Power to direct inquiries.
  310. 251 Consequential and minor modifications and amendments.
  311. 252 General power to adapt Acts and instruments.
  312. 253 Transfer of powers of certain public bodies.
  313. 254 Consequential and supplementary provision.
  314. 255 Transfer of officers.
  315. 256 Continuity of employment in cases of voluntary transfer.
  316. 257 Staff commission for England.
  317. 258 Staff commission for Wales.
  318. 259 Compensation for loss of office.
  319. 260 Provision for early retirement in lieu of compensation for loss of office.
  320. 261 Remuneration of employees of existing local authorities outside Greater London.
  321. 262 Local Acts and instruments.
  322. 263 Existing joint boards and committees and port health districts.
  323. 264 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  324. 265 Application of Act to Isles of Scilly.
  325. 265A Application in relation to the Broads Authority.
  326. 266 Orders, rules and regulations.
  327. 267 Expenses.
  328. 268 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  329. 269 Meaning of “England” and “Wales”.
  330. 270 General provisions as to interpretation.
  331. 271 Savings.
  332. 272 Repeals.
  333. 273 Commencement.
  334. 274 Short title and extent.
  335. SCHEDULE 1 Counties and Metropolitan Districts in England
  336. SCHEDULE 2 Constitution and Membership of Greater London Council and London Borough Councils
  337. SCHEDULE 3 Establishment of New Authorities in England
  338. SCHEDULE 4 Local Government Areas in Wales
  339. Schedule 5 Establishment of New Principal Councils
  340. SCHEDULE 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  341. SCHEDULE 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  342. SCHEDULE 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  343. SCHEDULE 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  344. SCHEDULE 11 Rules to be Observed in Considering Electoral Arrangements
  345. SCHEDULE 12 Meetings and Proceedings of Local Authorities
  346. SCHEDULE 12A ACCESS TO INFORMATION: EXEMPT INFORMATION
  347. SCHEDULE 12B Appropriate sum under section 137(4)
  348. SCHEDULE 13 Loans and Other Financial Provisions
  349. SCHEDULE 14 Amendment and Modification of Public Health Acts, Etc.
  350. SCHEDULE 15
  351. SCHEDULE 16 Functions Under, and Amendment and Modification of, Enactments Relating to Town and Country Planning
  352. SCHEDULE 17 Functions with Respect to National Parks and the Countryside
  353. SCHEDULE 18 AMENDMENTS OF TOWN DEVELOPMENT ACT 1952
  354. SCHEDULE 19 AMENDMENTS OF ENACTMENTS RELATING TO ROAD TRAFFIC AND ABANDONED VEHICLES
  355. SCHEDULE 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  356. SCHEDULE 21 AMENDMENTS OF ENACTMENTS RELATING TO HIGHWAYS
  357. SCHEDULE 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
  358. SCHEDULE 23 AMENDMENTS OF ENACTMENTS CONFERRING SOCIAL SERVICES FUNCTIONS
  359. SCHEDULE 24 Amendments of Transport Act 1968, Part II
  360. SCHEDULE 25 Amendments of Licensing Enactments
  361. SCHEDULE 26 Cemeteries and Crematoria
  362. SCHEDULE 27
  363. SCHEDULE 28
  364. SCHEDULE 28A Amendment of laws relating to freedoms of cities and towns
  365. SCHEDULE 29 Adaptation, Modification and Amendment of Enactments
  366. SCHEDULE 30 Repeals

Proposed changes to this act

No one has proposed a change to this act yet.

366 provisions

142 Provision of information, etc., relating to matters affecting local government.

(1) A local authority may make, or assist in the making of, arrangements whereby the public may on application readily obtain, either at premises specially maintained for the purpose or otherwise, information concerning the services available within the area of the authority provided either by the authority or by other authorities mentioned in subsection (1B) below or by government departments or by charities and other voluntary organisations, and other information relating to the functions of the authority. (1A) A local authority may arrange for the publication within their area of information as to the services available in the area provided by them or by other authorities mentioned in subsection (1B) below. (1AA) A local authority may— (a) for the purpose of broadcasting or distributing information falling within subsection (1AB), provide an electronic communications network or electronic communications service, or (b) arrange with the provider of such a network or service for the broadcasting or distribution of such information by means of the network or service. (1AB) Information falls within this subsection, in relation to a local authority, if it is one or both of the following— (a) information concerning the services within the area of the authority that are provided either by the authority themselves or by other authorities mentioned in subsection (1B) below; (b) information relating to the functions of the authority. (1AC) Nothing in subsection (1AA) entitles a local authority to do anything in contravention of a requirement or restriction imposed by or under— (a) Part 2 of the Wireless Telegraphy Act 2006, (b) the Broadcasting Act 1990, (c) the Broadcasting Act 1996, or (d) the Communications Act 2003, and in that subsection “electronic communications network” and “electronic communications service” each has the same meaning as in the Communications Act 2003. (1B) The other authorities referred to above are any other local authority, ... a joint authority established by Part IV of the Local Government Act 1985 , an economic prosperity board, a combined authority , a combined county authority and any authority, board or committee which discharges functions which would otherwise fall to be discharged by two or more local or other such authorities. (2) A local authority or a combined authority or combined county authority may— (a) arrange for the publication within their area of information relating to the functions of the authority; and (b) arrange for the delivery of lectures and addresses and the holding of discussions on such matters; and (c) arrange for the display of pictures, cinematograph films or models or the holding of exhibitions relating to such matters; and (d) prepare, or join in or contribute to the cost of the preparation of, pictures, films, models or exhibitions to be displayed or held as aforesaid. (2A) A local authority may assist voluntary organisations to provide for individuals— (a) information and advice concerning those individuals’ rights and obligations; and (b) assistance, either by the making or receiving of communications or by providing representation to or before any person or body, in asserting those rights or fulfilling those obligations. (3) In this section “local authority” includes the Common Council and “voluntary organisation” means a body which is not a public body but whose activities are carried on otherwise than for profit. (4) This section shall have effect as if any reference to a local authority included a reference to the London Fire Commissioner.

Propose a change

143 Subscriptions to local government associations.

(1) A local authority may pay reasonable subscriptions, whether annually or otherwise, to the funds— (a) of any association of local authorities formed (whether inside or outside the United Kingdom) for the purpose of consultation as to the common interests of those authorities and the discussion of matters relating to local government, or (b) of any association of officers or members of local authorities which was so formed. (2) In this section “local authority” includes the Common Council and a corporate joint committee.

Propose a change

144 Power to encourage visitors and provide conference and other facilities.

(1) A local authority , combined authority or combined county authority may (either alone or jointly with any other person or body)— (a) encourage persons, by advertisement or otherwise, to visit their area for recreation, for health purposes, or to hold conferences, trade fairs and exhibitions in their area; and (b) provide, or encourage any other person or body to provide, facilities for ..., conferences, trade fairs and exhibitions or improve, or encourage any other person or body to improve, any existing facilities for those purposes. (2) Without prejudice to subsection (1) above, a local authority , combined authority or combined county authority may contribute to any organisation approved by the Secretary of State for the purposes of this subsection and established for the purpose of encouraging persons to visit the United Kingdom or any part thereof. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) In this section “local authority” includes the Common Council.

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145 Provision of entertainments.

(1) A local authority , combined authority or combined county authority may do, or arrange for the doing of, or contribute towards the expenses of the doing of, anything (whether inside or outside their area) necessary or expedient for any of the following purposes, that is to say— (a) the provision of an entertainment of any nature or of facilities for dancing; (b) the provision of a theatre, concert hall, dance hall or other premises suitable for the giving of entertainments or the holding of dances; (c) the maintenance of a band or orchestra; (d) the development and improvement of the knowledge, understanding and practice of the arts and the crafts which serve the arts; (e) any purpose incidental to the matters aforesaid, including the provision of refreshments or programmes and the advertising of any entertainment given or dance or exhibition of arts or crafts held by them. (2) Without prejudice to the generality of the provisions of subsection (1) above, a local authority , combined authority or combined county authority— (a) may for the purposes therein specified enclose or set apart any part of a park or pleasure ground belonging to the authority or under their control; (b) may permit any theatre, concert hall, dance hall or other premises provided by them for the purposes of subsection (1) above and any part of a park or pleasure ground enclosed or set apart as aforesaid to be used by any other person, on such terms as to payment or otherwise as the authority think fit, and may authorise that other person to make charges for admission thereto; (c) may themselves make charges for admission to any entertainment given or dance or exhibition of arts or crafts held by them and for any refreshment or programmes supplied thereat. (3) Subsection (2) above shall not authorise any authority to contravene any covenant or condition subject to which a gift or lease of a public park or pleasure ground has been accepted or made without the consent of the donor, grantor, lessor or other person entitled in law to the benefit of the covenant or condition. (4) Nothing in this section shall affect the provisions of any enactment by virtue of which a licence is required for the public performance of a stage play or the public exhibition of cinematograph films, or for boxing or wrestling entertainments or for public music or dancing, or for the sale of alcohol . (5) In this section, the expression “local authority” includes the Common Council.

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146 Transfer of securities on alteration of area, etc.

(1) Where any securities are standing in the books of a company in the name of a local authority, the following provisions shall have effect— (a) if the name of the authority is changed, then at the request of the authority and on production of a statutory declaration by the proper officer of the authority specifying the securities and verifying the change of name and identity of the authority, the company shall enter the securities in the new name of the local authority in like manner as if the securities had been transferred to the authority under that name; (b) if by virtue of anything done under any provision of this Act or the 1963 Act or any enactment similar to any such provision (whenever passed), any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, a certificate of the proper officer of the council of the county in which the area of that other authority is situated, or the scheme, order or award under which that other authority have become so entitled, shall be a sufficient authority to the company to transfer the securities into the name of the local authority specified in that behalf in the certificate, or in the scheme, order or award, as the case may be, and to pay the dividends or interest to that authority; (c) if in any other case any other local authority have become entitled to the securities or any dividends or interest thereon, as the case may be, the court may on application make an order vesting in that other authority the right to transfer the securities or to receive the dividends or interest, as the case may be, and the Trustee Act 1925 shall apply in like manner as if the vesting order were made under section 51 of that Act. (1A) In relation to Wales, subsection (1)(b) above shall have effect as if the reference to a county council were a reference to a principal council. (2) In this section, the expression— “company” includes the Bank of England and any company or person keeping books in which any securities are registered or inscribed; “local authority” means a local authority within the meaning of the 1933 Act, the London Government Act 1939 or this Act or a joint board on which, or a joint committee on which, a local authority or parish meeting are represented, a burial board, a joint burial board or the parish trustees of a parish; “securities” has the meaning given in section 98(1) above (3) The jurisdiction of the court under this section may be exercised by the High Court or, in cases in which the county court would have jurisdiction if the application were an application made under the Trustee Act 1925, by that court.

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146A Joint Authorities and Inner London Education Authority.

(1) Subject to subsections (1ZA), (1ZB) , (1ZC) , (1ZD) , (1ZE) , (1ZEA) or (1ZF) below, a joint authority, an economic prosperity board, a combined authority, a combined county authority ... and the London Fire Commissioner ... ... shall each be treated— (a) as a local authority for the purposes of sections 111 to 119, 128 to 131, 135, 136, 139 (except sub-sections (1)(b) and (2) ), 140, 140A, 140C, 143 and 146 above; and (b) as a principal council for the purposes of section 120 (except subsection (1)(b)) and sections 121 to 123 above. (1ZA) In its application by virtue of subsection (1) to an economic prosperity board, section 111 has effect as if it did not permit the borrowing of money. (1ZB) In its application by virtue of subsection (1) to a combined authority, section 111 has effect as if it permitted the borrowing of money for the purposes of the exercise by the authority of its transport functions only. (1ZC) Neither a metropolitan county fire and rescue authority, nor the London Fire Commissioner, is to be treated as a local authority for the purposes of section 111 above (but see section 5A of the Fire and Rescue Services Act 2004). (1ZD) An Integrated Transport Authority is not to be treated as a local authority for the purposes of section 111 above (but see section 102B of the Local Transport Act 2008). (1ZE) Neither an economic prosperity board, nor a combined authority, is to be treated as a local authority for the purposes of section 111 above (but see section 113A of the Local Democracy, Economic Development and Construction Act 2009). (1ZEA) A combined county authority is not to be treated as a local authority for the purposes of section 111 (but see section 49 of the Levelling-up and Regeneration Act 2023). (1ZF) The London Fire Commissioner is not to be treated as a local authority for the purposes of section 135. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1AA) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1C) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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147 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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148 Principal councils’ funds and accounts.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) The council of each county shall keep a fund to be known as the county fund . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) All receipts of a county council shall be carried to the county fund, and all liabilities falling to be discharged by that council shall be discharged out of that fund. (5) Accounts shall be kept of receipts carried to, and payments made out of, (a) the county fund, in the case of a county, and (b) the collection fund and the general fund established under sections 89 and 91 of the Local Government Finance Act 1988, in the case of a district or London borough; , and any account kept in respect of general expenses only of a principal area shall be called the general account of that area and any account kept in respect of any class of special expenses only of any such area shall be called a special account of that area. (5A) Subsections (2) and (4) above shall not apply to the council for a county for any financial year for which that council is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992. (5B) For any financial year for which the council for a county is, by virtue of section 18(1) of the Local Government Act 1992, a billing authority for that year for the purposes of Part I of the Local Government Finance Act 1992, subsection (5)(b) above, and not subsection (5)(a), shall apply in the case of the county. (6) This section does not apply in relation to a Welsh county council or county borough council.

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149 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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150 Expenses of parish and community councils.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) In a parish having a separate parish council or in a community having a council, whether separate or common, the expenses of the parish meeting or any community meeting shall be paid by the parish or community council. (3) In a community not having a community council, whether separate or common, the expenses of any community meeting shall be paid by the council of the principal area in which the community is situated. (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) Every parish or community council and the chairman of the parish meeting for a parish not having a separate parish council shall keep such accounts as may be prescribed of the receipts and payments of the council or parish meeting, as the case may be. (7) References in this section to the expenses of a parish or community meeting include references to the expenses of any poll consequent on a parish ... meeting or of a community governance poll (as to which, see paragraph 34(8) of Schedule 12).

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151 Financial administration.

(1) Without prejudice to section 111 above, every local authority shall make arrangements for the proper administration of their financial affairs and shall secure that one of their officers has responsibility for the administration of those affairs. (2) This section applies to a corporate joint committee as it applies to a local authority.

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152 Revenues from undertakings.

Nothing in sections 147 to 150 above shall be construed as requiring or authorising a local authority to apply or dispose of the surplus revenue arising from any undertaking carried on by them otherwise than in accordance with any enactment or instrument applicable to the undertaking.

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153 Application of capital money on disposal of land.

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154–167 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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168 Local financial returns.

(1) Subject to subsection (3) below, every local authority and the chairman of the parish meeting of every parish not having a separate parish council shall make a return to the Secretary of State for each year ending on 31st March, or such other day as the Secretary of State may direct,— (a) of their income and expenditure or, in the case of the chairman of a parish meeting, the income and expenditure of the parish meeting; (b) in the case of any billing authority— (i) of the amount payable to the authority by way of council tax and non-domestic rates; and (ii) of the amount paid to any other authority in pursuance of a precept or levy. (2) Returns under this section shall be in such form, shall contain such particulars, shall be submitted to the Secretary of State by such date in each year and shall be certified in such manner as the Secretary of State may direct, and a direction under this subsection may impose different requirements in relation to returns of different classes. (3) If it appears to the Secretary of State that sufficient information about any of the matters mentioned in subsection (1) above has been supplied to him by a local authority or by or on behalf of a parish meeting under any other enactment, he may exempt the authority or the chairman of the meeting from all or any of the requirements of this section so far as they relate to that matter. (4) The Secretary of State shall as respects each year cause a summary to be made of the returns sent to him under this section and of any information supplied to him under any other enactment in consequence of which he has granted an exemption under this section and shall lay the summary before both Houses of Parliament. (5) In this section “local authority” means— (a) a billing authority or a precepting authority, as defined in section 69 of the Local Government Finance Act 1992; (aa) a fire and rescue authority in Wales constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies; (b) a levying body within the meaning of section 74 of the Local Government Finance Act 1988 ; . . . (c) a body as regards which section 75 of that Act applies

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169 Initial expenses of new authorities.

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170 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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171 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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172 Miscellaneous amendments of enactments relating to finance and rating.

. . . Part II of that Schedule shall have effect for making amendments and modifications of enactments relating to local government finance and rating which are not replaced by Part I of that Schedule or the foregoing provisions of this Part of this Act.

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173 Attendance allowance and financial loss allowance.

(1) Subject to subsection (6) below, any member of a parish or community council who is a councillor shall be entitled to receive a payment by way of attendance allowance, that is to say, a payment for the performance of any approved duty, being a payment of such reasonable amount, not exceeding the prescribed amount, as the parish or community council may determine unless a notice under section 173A below is effective in relation to him. (2) The amount prescribed under subsection (1) above may be prescribed by reference to any period of twenty-four hours. (3) The amount of any allowance determined by a parish or community council under subsection (1) above may vary according to the time of day and the duration of the duty, but shall be the same for all members of the council entitled to the allowance in respect of a duty of any description at the same time of day and of the same duration. (4) Subject to subsection (6) below, any member of a parish or community council who is not entitled under subsection (1) above to receive attendance allowance for the performance of an approved duty shall be entitled to receive a payment by way of financial loss allowance, that is to say, a payment not exceeding the prescribed amount in respect of any loss of earnings necessarily suffered, or any additional expenses (other than expenses on account of travelling or subsistence) necessarily suffered or incurred by him for the purpose of enabling him to perform that duty. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group.

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173A Right to opt for financial loss allowance.

(1) If a councillor gives notice in writing to the parish or community council of which he is a member that he wishes to receive financial loss allowance, he shall be entitled, subject to and in accordance with the following provisions of this section, to receive that allowance instead of any payment by way of attendance allowance to which he would otherwise be entitled. (2) A notice under this section is referred to in this section as a “financial loss allowance notice”. (3) If a councillor gives a financial loss allowance notice to the parish or community council not later than the end of the period of one month beginning with the day of his election as a member of the councilthen, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty since his election, whether performed before or after the giving of the notice. (4) If a councillor gives a financial loss allowance notice to the parish or community council otherwise than in accordance with subsection (3) above, then, subject to subsection (4A) below, he shall be entitled to receive financial loss allowance for the performance of any approved duty after the end of the period of one month beginning with the day on which the notice is given. (4A) If a councillor who has given a parish or community council a financial loss allowance notice gives them notice in writing that he withdraws that notice, it shall not have effect in relation to any duty performed after the day on which the notice of withdrawal is given.

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174 Travelling allowance and subsistence allowance.

(1) Subject to subsections (2) and (3) below, a member of a body to which this section applies shall be entitled to receive payments by way of travelling allowance or subsistence allowance where expenditure on travelling (whether inside or outside the United Kingdom) or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him to perform any approved duty as a member of that body, being payments at rates determined by that body, but not exceeding, in the case of travel or subsistence for the purpose of an approved duty within the United Kingdom, such rates as may be specified by the Secretary of State. (2) A member of a parish or community council shall not be entitled to any payment under this section in respect of the performance as such a member of an approved duty within the parish or community or, in the case of a parish or community grouped under a common parish or community council, the area of the group. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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175 Allowances for attending conferences and meetings.

(1) The following bodies, that is to say— (a) any local authority; (b) any other body to which this section applies and which has power by virtue of any enactment to send representatives to any conference or meeting to which this section applies; may pay any member of the authority or other body attending any such conference or meeting such allowances in the nature of an attendance allowance and an allowance for travelling and subsistence, as they think fit. (1A) Payments made under subsection (1) above shall be of such reasonable amounts as the body in question may determine in a particular case or class of case but shall not exceed— (a) in the case of payments of an allowance in the nature of an attendance allowance, such amounts as may be specified in or determined under regulations made by the Secretary of State; and (b) in the case of payments of an allowance in the nature of an allowance for travel and subsistence in respect of a conference or meeting held in the United Kingdom, such amounts as may be specified under section 174 above for the corresponding allowance under that section; and regulations made by the Secretary of State may make it a condition of any payment mentioned in paragraph (a) above that, in the financial year to which the payment would relate, the aggregate amount which the body in question has paid or is already liable to pay in respect of any prescribed allowance or allowances does not exceed such maximum amount as may be specified in or determined under the regulations. (2) Where a body mentioned in subsection (1)(b) above has power under any enactment other than this Act or any instrument under such an enactment to pay expenses incurred in attending a conference or meeting to which this section applies, the amount payable under that enactment or instrument shall not exceed the amount which would be payable in respect of the attendance under that subsection. (3) In relation to a local authority this section applies to a conference or meeting held inside or outside the United Kingdom and convened by any person or body (other than a person or body convening it in the course of a trade or business or a body the objects of which are wholly or partly political) for the purpose of discussing matters which in their opinion relate to the interests of their area or any part of it or the interests of the inhabitants of their area or any part of it. (3B) In relation to an economic prosperity board, a combined authority , a combined county authority or any body which is a joint board, joint authority or other combined body all the members of which are representatives of local authorities this section applies to a conference or meeting held and convened as mentioned in subsection (3) above for the purpose of discussing matters which in the body’s opinion relate— (a) to the functions of the body; or (b) to any functions of local authorities in which the body has an interest. (4) In relation to any other body to which this section applies this section applies to a conference or meeting convened by one or more such bodies or by an association of such bodies.

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176 Payment of expenses of official and courtesy visits, etc.

(1) Subject to subsection (2) below, a local authority may— (a) defray any travelling or other expenses reasonably incurred by or on behalf of any members in making official and courtesy visits, whether inside or outside the United Kingdom, on behalf of the authority; (b) defray any expenses incurred in the reception and entertainment by way of official courtesy of distinguished persons visiting the area of the authority and persons representative of or connected with local government or other public services whether inside or outside the United Kingdom and in the supply of information to any such persons. (2) In the case of a visit within the United Kingdom, the amount defrayed under this section by a local authority in respect of the expenses of any member of the authority in making a visit within the United Kingdom shall not exceed the payments which he would have been entitled to receive by way of travelling allowance or subsistence allowance under section 174 above if the making of the visit had been an approved duty of that member. (3) In this section “local authority” includes a joint authority, an economic prosperity board, a combined authority and a combined county authority ....... . .

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177 Provisions supplementary to sections 173 to 176.

(1) ... sections 174 and 175 above apply— (a) to the bodies specified in section 21(1) of the Local Government and Housing Act 1989, except— (i) the Common Council; (ii) a body established pursuant to an order under section 67 of the Local Government Act 1985 (successors to residuary bodies); and (iii) without prejudice to section 265 below, the Council of the Isles of Scilly; (b) to any prescribed body on which a body to which those sections apply by virtue of paragraph (a) above is represented; and (c) to any parish or community council. (1A) Subsection (1) has effect without prejudice to the operation of— (a) regulations made by virtue of section 94(5C) or 95(3B) of the School Standards and Framework Act 1998 (allowances for admission appeal panels); (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (ba) regulations made by virtue of section 51A(8) of the Education Act 2002 (allowances for exclusion review panels: England); and (c) regulations made by virtue of section 52(6) of that Act (allowances for exclusion appeal panels: Wales); and. (2) In sections 173 to 176 above “approved duty”, in relation to a member of a body, means such duties as may be specified in or determined under regulations made by the Secretary of State. (2A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) For the purposes of sections 173 to 176 above ... a member of a committee or sub-committee of a local authority or other body mentioned in subsection (1) above shall be deemed to be a member of that body. (4) Section 94(5) above shall apply in relation to a member of any body mentioned in subsection (1) above to whom it would not otherwise apply as it applies in relation to a member of a local authority; and no other enactment or instrument shall prevent a member of any such body from taking part in the consideration or determination of any allowance or other payment under any of the provisions of sections 173 to 176 above or under any scheme made by virtue of section 18 of the Local Government and Housing Act 1989. (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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177A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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178 Regulations as to allowances.

(1) The Secretary of State may make regulations as to the manner in which sections 173 to 176 . . . above are to be administered, and in particular, and without prejudice to the generality of the foregoing provision, may make regulations— (a) providing for the avoidance of duplication in payments under those sections, or between payments under any of those sections and any other Act, and for the determination of the body or bodies by whom any payments under those sections are to be made, and, where such payments are to be made by more than one body, for the apportionment between those bodies of the sums payable; (b) specifying the forms to be used and the particulars to be provided for the purpose of claiming payments under those sections; (c) providing for the publication by a body to which sections 173 to 175 above apply, in the minutes of that body or otherwise, of details of such payments. (2) A statutory instrument containing regulations under section 173 or 177 above or this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

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179 General provision for transfer of functions.

(1) Subsections (2) to (4) below shall have effect for the purpose of adapting the provisions of— (a) public general Acts passed before, or during the same session as, this Act; and (b) instruments made before the passing of this Act under public general Acts, being instruments of a legislative character and not being instruments in the nature of local enactments; and, in particular, for the purpose of providing for the exercise of functions conferred by such provisions, but those subsections shall have effect subject to any provision to the contrary made by, or by any instrument made under, this Act and shall be without prejudice to any express provision so made. (2) In any such provision any reference to an administrative county or its council, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified county or council or is to be construed as such, be construed as a reference to a new county or its council, as the case may be. (3) In any such provision any reference to an urban district (whether as such or as a district or county district) or to the council of such a district, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified district or council or is to be construed as such, be construed as a reference to a new district or its council, as the case may be. (4) In any such provision any reference to a rural parish (whether as such or as a parish) or the council or meeting of such a parish, or any reference which is to be construed as such a reference, shall, except where it is a reference to a specified parish or its council or meeting, be construed— (a) as respects England, as a reference to a parish or, as the case may be, its council or meeting; and (b) as respects Wales, as a reference to a community or, as the case may be, its council, if any.

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180 Public health.

(1) For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall— (a) for a district, be the district council; (b) for a London borough, be the borough council; (c) for the City, be the Common Council; (d) for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively; (e) for a Welsh county or county borough, be the county council or county borough council; but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act. (2) The Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters. (3) This section applies to the following enactments:— (a) the Public Health Acts 1875 to 1925; (b) the Alkali, &c. Works Regulation Act 1906; (c) the Public Health Act 1936, except so much of it as falls within section 181(1) or (2) below; (d) section 8 of the Local Government (Miscellaneous Provisions) Act 1953; (e) Part XIII of the Mines and Quarries Act 1954; (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (g) section 1 of the Noise Abatement Act 1960; (h) the Public Health Act 1961, except so much of it as falls within section 181(2) below; (i) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (j) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (k) section 6 of the Chronically Sick and Disabled Persons Act 1970. (4) Expressions used in this section and Schedule 14 to this Act and in the Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.

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181 Water and sewerage.

(1) For the purposes of the following enactments, that is to say— (a) Part IV of the Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV; (b) the Rural Water Supplies and Sewerage Act 1944, so far as relating to water; (c) section 12 of the Local Government (Miscellaneous Provisions) Act 1953; (d) the Water Acts 1945 and 1948 and the Water Act 1958; the local authority shall, for any district, be the district council, and for any London borough, be the borough council and for any principal area in Wales, be the principal council. (2) For the purposes of the following enactments, that is to say— (a) sections 15, 17–24, 27, 29–34, 36 and 42 of the Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections; (b) the Public Health (Drainage of Trade Premises) Act 1937; (c) the Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage; (d) section 13 of the Local Government (Miscellaneous Provisions) Act 1953; (e) sections 12 to 15 and Part V of, and Schedule 2 to, the Public Health Act 1961; the local authority shall for any area outside Greater London be the district council. (3)—(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (9) An order under section 6 of the Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions— (a) subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or (b) free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member. (10) Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage. (11) In this section— “sewerage functions” means functions under any of the enactments mentioned in subsection (2) above; and . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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182 Town and Country Planning.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) In that Schedule— (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (b) Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4)–(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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183 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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184 National Park and countryside functions.

(1) The functions conferred on a local planning authority by or under the National Parks and Access to the Countryside Act 1949 and the Countryside Act 1968 shall— (a) as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and (b) as respects Wales, be exercisable in accordance with subsections (7) and (8) below. (2) The following of the said functions, that is to say those conferred by— (a) Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and (b) sections 12(5), 13 and 14 of the said Act of 1968; shall, subject to subsection (3) below . . ., be functions of the county planning authority. (3) The functions of a local planning authority under section 9 of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities. (4) All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, . . ., be exercisable both by county planning authorities and district planning authorities. (5) References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly. (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (7) Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule. (8) In that Schedule “the 1949 Act” and “the 1968 Act” mean the said Acts of 1949 and 1968 respectively.

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185 Town development.

(1) In the Town Development Act 1952 (in this section referred to as “the principal Act”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”. (2)(3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being— (a) amendments consequential on this Part of this Act, and (b) amendments incorporating provisions of section 34 of the Housing Act 1961 and subsections (1) and (2) of section 61 of the London Government Act 1963 (modification of principal Act in relation to counties and to Greater London). (5) Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.

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186 Traffic and transportation functions.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (6) So much of section 6 of the Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section— (a) may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and (b) may, if they think fit, determine that any such charges shall no longer be made; and so much of section 1(2) of the Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect. (7) In subsection (6) above, “local authority” includes any existing county borough or county district council and the Common Council.

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187 Local highway authorities and maintenance powers of district councils.

(1)(2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) With respect to footpaths , bridleways and restricted byways within their area a district council or, where they are not the highway authority, a Welsh principal council shall have— (a) the like powers as a highway authority under section 57(3) of the National Parks and Access to the Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3A) “Restricted byway“ has the same meaning as in Part 2 of the Countryside and Rights of Way Act 2000. (4)–(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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188 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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189 Commons.

(1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (3) The references in section 12 of the Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed— (a) with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting; (b) with respect to a green or land in a community where there is a community council, as references to the community council; (c) with respect to any other green or land, as references to the council of the district or Welsh principal area in which the green or land is situated; and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district or (as the case may be) area. (4) In section 193(1) of the Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.

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190 Sites for gipsy encampments.

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191 Ordnance survey.

(1) In its application outside Greater London, the Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the following modifications. (2) An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council (or, in Wales, a principal council) and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent. (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (4) References, in whatever terms, in the 1841 Act— (a) to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require or, in Wales, the principal council), and (b) to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require (or, in Wales, the principal council). (5) . . . References in that Act to a county include references to any preserved county or local government area within the meaning of this Act.

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