(1) Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority.
(2) Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.
In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.
(3) Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.
(4) In this section “local authority” includes a corporate joint committee, a joint authority, an economic prosperity board, a combined authority, a combined county authority, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, ... , a police and crime commissioner and the Mayor's Office for Policing and Crime ... ....
235 Power of councils to make byelaws for good rule and government and suppression of nuisances.
(1) The council of a district ... and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district ... or borough, as the case may be, and for the prevention and suppression of nuisances therein.
(2) The confirming authority in relation to byelaws made under this section shall be the Secretary of State.
(2A) Subsection (2) does not apply to byelaws of a class prescribed by regulations under section 236A(1).
(3) Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.
(1) Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority in England under this Act and to byelaws made by a local authority in England, the Greater London Authority , Transport for London , an Integrated Transport Authority for an integrated transport area in England , a combined authority or a combined county authority under any other enactment and conferring on the authority a power to make byelaws and for which specific provision is not otherwise made.
(2) This section shall not apply to
(a) byelaws of a class prescribed by regulations under section 236A, or
(b) byelaws made ... by the Civil Aviation Authority under section 29 of the Civil Aviation Act 1982.
(3) Subject to subsection (3A) below, the byelaws shall be made under the common seal of the authority, or, in the case of byelaws made by a parish ... council not having a seal, under the hands and seals of two members of the council, and shall not have effect until they are confirmed by the confirming authority.
(3A) Byelaws made by the Greater London Authority shall be made under the hand of the Mayor and shall not have effect until they are confirmed by the confirming authority.
(4) At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the area to which the byelaws are to apply.
(5) For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.
(6) The authority by whom the byelaws are made shall, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.
(7) The confirming authority may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which the byelaw is to come into operation and if no date is so fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation.
(8) A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum, not exceeding 20p for every copy, as the authority may determine.
(9) The proper officer of a district council ... shall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council, whether separate or common, of every parish ... to which they apply or, in the case of a parish not having a council, to the chairman of the parish meeting, and the proper officer of the parish ... council or chairman of the parish meeting, as the case may be, shall cause a copy to be deposited with the public documents of the parish ....
A copy so deposited shall at all reasonable hours be open to public inspection without payment.
(10) The proper officer of a county council shall send a copy of every byelaw made by the council, and confirmed, to the council of every district in the county, and the proper officer of the council of a district shall send a copy of every byelaw made by the council, and confirmed, to the council of the county.
(10A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(10B) The Greater London Authority shall send a copy of every byelaw made by the Authority, and confirmed, to each London borough council and the Common Council.
(10C) Transport for London shall send a copy of every byelaw made by it, and confirmed, to—
(a) the Mayor of London;
(b) each London Borough Council; and
(c) the Common Council.
(11) In this section the expression “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified means the Secretary of State.
(1) The Secretary of State may, in relation to England, by regulations—
(a) prescribe classes of byelaws to which section 236 does not apply, and
(b) make provision about the procedure for the making and coming into force of such byelaws.
(2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—
(a) the enactment under which byelaws are made,
(b) the subject-matter of byelaws,
(c) the authority by whom byelaws are made,
(d) the authority or person by whom byelaws are confirmed.
(3) The regulations may, in particular, include provision about—
(a) consultation to be undertaken before a byelaw is made,
(b) publicising a byelaw after it is made.
(4) The regulations may make—
(a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
(b) different provision for different areas, including different provision for different localities and for different authorities.
(5) Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.
(1) This section applies to—
(a) a local authority in England;
(b) the Greater London Authority;
(c) Transport for London;
(d) an Integrated Transport Authority for an integrated transport area in England;
(e) a combined authority;
(f) a combined county authority.
(2) Such an authority may make a byelaw under this section to revoke a byelaw made by the authority.
(3) The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw.
(4) The confirming authority in relation to a byelaw made under this section shall be—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) ... the Secretary of State.
(4A) Subsection (4)(b) does not apply to byelaws of a class prescribed by regulations under section 236A(1).
(5) The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) An order under this section may make—
(a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the person making the order considers appropriate, and
(b) different provision for different areas, including different provision for different localities and for different authorities.
(8) A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.
(9) Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Byelaws to which section 236 above applies and byelaws of a class prescribed by regulations under section 236A may provide that persons contravening the byelaws shall be liable on summary conviction to a fine not exceeding such sum as may be fixed by the enactment conferring the power to make the byelaws, or, if no sum is so fixed, the sum of £20, and in the case of a continuing offence a further fine not exceeding such sum as may be fixed as aforesaid, or, if no sum is so fixed, the sum of £5 for each day during which the offence continues after conviction thereof.
A byelaw made under section 235 may include provision for or in connection with—
(a) the seizure and retention of any property in connection with any contravention of the byelaw, and
(b) the forfeiture of any such property on a person's conviction of an offence of contravention of the byelaw.
(1) The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies.
(2) The regulations may prescribe a class of byelaws by reference, in particular, to one or more of the following—
(a) the enactment under which byelaws are made,
(b) the subject-matter of byelaws,
(c) the authority by whom byelaws are made,
(d) the authority or person by whom byelaws are confirmed.
(3) Where—
(a) an authorised officer of an authority which has made a byelaw to which this section applies has reason to believe that a person has committed an offence against the byelaw, or
(b) an authorised officer of a parish council has reason to believe that a person has in its area committed an offence against a byelaw to which this section applies made by an authority other than the parish council,
the officer may give that person a notice offering him the opportunity of discharging any liability to conviction for the offence by payment of a fixed penalty.
(4) A fixed penalty notice under this section is payable to the authority whose officer gave the notice.
(5) Where a person is given a notice under this section in respect of an offence—
(a) no proceedings may be instituted for the offence before the end of the period of fourteen days following the date of the notice, and
(b) he may not be convicted of the offence if he pays the fixed penalty before the end of that period.
(6) A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence.
(7) A notice under this section must also state—
(a) the period during which, by virtue of subsection (5), proceedings will not be taken for the offence,
(b) the amount of the fixed penalty, and
(c) the person to whom and the address at which the fixed penalty may be paid.
(8) Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned.
(9) Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.
(10) The form of a notice under this section may be specified in regulations under subsection (1).
(11) In any proceedings a certificate which—
(a) purports to be signed on behalf of the chief finance officer of an authority, and
(b) states that payment of a fixed penalty was or was not received by a date specified in the certificate,
is evidence of the facts stated.
(12) In this section—
“authorised officer”, in relation to an authority, means—
an employee of the authority who is authorised in writing by the authority for the purpose of giving notices under this section,
any person who, in pursuance of arrangements made with the authority, has the function of giving such notices and is authorised in writing by the authority to perform the function, and
any employee of such a person who is authorised in writing by the authority for the purpose of giving such notices,
“chief finance officer”, in relation to an authority, means the person having responsibility for the financial affairs of the authority.
(13) Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section.
(1) The amount of a fixed penalty payable in pursuance of a notice under section 237A is—
(a) the amount specified by the authority which made the byelaw, or
(b) if no amount is so specified, £75.
(2) An authority may specify different amounts in relation to different byelaws.
(3) The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2).
(4) Regulations under subsection (3) may, in particular—
(a) require an amount specified under subsection (1)(a) to fall within a range prescribed in the regulations,
(b) restrict the extent to which, and the circumstances in which, an authority can make provision under subsection (2).
(5) The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).
237C Power to require name and address in connection with fixed penalty
(1) If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address.
(2) A person commits an offence if—
(a) he fails to give his name and address when required to do so under subsection (1), or
(b) he gives a false or inaccurate name or address in response to a requirement under that subsection.
(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(4) In this section, “authorised officer” has the same meaning as in section 237A.
(1) “Fixed penalty receipts” means amounts paid to an authority in pursuance of notices under section 237A.
(2) The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance.
(3) A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.
237E Guidance relating to sections 236A and 237A to 237D
An authority which makes byelaws of a class prescribed by regulations under section 236A or 237A must have regard to any guidance issued by the Secretary of State about—
(a) procedure for which provision is made by regulations under section 236A(1);
(b) fixed penalties;
(c) anything related to the matters mentioned in paragraph (a) or (b).
237F Further provision about regulations and orders under section 237A or 237B
(1) Regulations under section 237A or 237B, and an order under section 237B, may make—
(a) such incidental, consequential, transitional or supplemental provision (including provision amending, repealing or revoking enactments) as the Secretary of State considers appropriate, and
(b) different provision for different areas, including different provision for different localities and for different authorities.
(2) A statutory instrument containing—
(a) regulations under section 237A or 237B which amend or repeal any provision of an Act, or
(b) an order under section 237B which amends or repeals any provision of an Act,
may not be made unless a draft of the instrument containing the regulations or order has been laid before, and approved by a resolution of, each House of Parliament.
(3) Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.
The production of a printed copy of a byelaw purporting to be made by a local authority in England , the Greater London Authority , an Integrated Transport Authority for an integrated transport area in England , a combined authority or a combined county authority upon which is endorsed a certificate purporting to be signed by the proper officer of the authority stating—
(a) that the byelaw was made by the authority;
(b) that the copy is a true copy of the byelaw;
(c) that on a specified date the byelaw was confirmed by the authority named in the certificate or, as the case may require, was sent to the Secretary of State and has not been disallowed;
(d) the date, if any, fixed by the confirming authority for the coming into operation of the byelaw;
shall be prima facie evidence of the facts stated in the certificate, and without proof of the handwriting or official position of any person purporting to sign the certificate.
239 Power to promote or oppose local or personal Bills.
(1) Subject to the provisions of this Act, where a local authority in England, other than a parish council, are satisfied that it is expedient to promote, or any local authority in England are satisfied that it is expedient to oppose, any local or personal Bill in Parliament, the local authority may, but only in accordance with the procedure hereinafter provided by this section, promote or oppose the Bill accordingly, and may defray the expenses incurred in relation thereto.
(2) A resolution of a local authority to promote or oppose a Bill under subsection (1) above shall be—
(a) passed by a majority of the whole number of the members of the authority at a meeting of the authority held after the requisite notice of the meeting and of its purpose has been given by advertisement in one or more local newspapers circulating in the area of the authority, such notice being given in addition to the ordinary notice required to be given for the convening of a meeting of the authority; and
(b) in the case of the promotion of a Bill, confirmed by a like majority at a further such meeting convened in accordance with paragraph (a) above and held as soon as may be after the expiration of fourteen days after the Bill has been deposited in Parliament and, if the resolution is not confirmed, the local authority shall take all necessary steps to withdraw the Bill.
(3) For the purposes of subsection (2) above the requisite notice is thirty clear days’ notice in the case of promotion of a Bill and ten clear days’ notice in the case of opposition to a Bill.
(4) The power conferred on a local authority by subsection (1) above shall be in substitution for any power conferred on that authority by a local Act.
(4A) The powers conferred on a local authority by sub-section (1) above shall also be exercisable by a joint authority , an economic prosperity board , a combined authority and a combined county authority . . ..
(5) No payment shall be made by a an authority to a member of the authority for acting as counsel or agent in promoting or opposing a Bill under this section.
240 Provisional orders and orders subject to special parliamentary procedure.
(1) Where the Secretary of State is authorised to make a provisional order under this Act or any enactment passed on or after 1st June 1934 (being the date of commencement of the 1933 Act), the following provisions shall have effect—
(a) before a provisional order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
(b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as the Secretary of State may direct and at which all persons interested shall be permitted to attend and make objections;
(c) the Secretary of State may submit the provisional order to Parliament for confirmation, and the order shall have no effect until it is confirmed by Parliament;
(d) if while the Bill for the confirmation of the order is pending in either House of Parliament a petition is presented against the order, the petitioner shall be allowed to appear before the Select Committee to which the Bill is referred, and oppose the order, as in the case of a private Bill.
(2) The reasonable costs incurred by a local authority in promoting or opposing a provisional order, and of the preliminary inquiry, or in supporting or opposing a Bill to confirm a provisional order, as sanctioned by the Secretary of State, shall be deemed to be expenses properly incurred by the local authority interested or affected by the order and shall be paid accordingly, and a local authority may borrow for the purpose of defraying any such costs.
(3) Where the Secretary of State is authorised to make an order under this Act which is subject to special parliamentary procedure or an order under any enactment passed on or after 1st June 1934 which is so subject by virtue of section 8(3) of the Statutory Orders (Special Procedure) Act 1945, the following provisions shall have effect—
(a) before the order is made, notice of the purport of the application for the order shall be given by the applicants by advertisement in the London Gazette and in one or more local newspapers circulating in the area to which the order will relate;
(b) the Secretary of State shall consider any objections to the application which may be made by any persons affected thereby and shall, unless he considers that for special reasons an inquiry is unnecessary, cause a local inquiry to be held, of which notice shall be given in such manner as he may direct and at which all persons interested shall be permitted to attend and make objections.
(4) Any order mentioned in subsection (1) or (3) above may repeal, revoke, modify or amend any Act confirming a provisional order or any order which has been subject to parliamentary procedure.
(5) At any time before submitting any order mentioned in subsection (1) or (3) above to Parliament, the Secretary of State may revoke the order, either wholly or in part.
(6) The making of any order mentioned in subsection (1) or (3) above shall be prima facie evidence that all the requirements of this section and any other enactment with respect to the steps to be taken before the making of the order have been complied with.
(7) Subsections (3) to (6) above shall be included among the enactments which may be adapted or modified by an Order in Council under section 8(3) of the Statutory Orders (Special Procedure) Act 1945.
241 Power to apply provisions of Act to joint boards, etc.
Where any enactment, whether passed before or after 1st April 1974, authorises the formation by a provisional or other order of a joint board or joint committee, the constituent members of which are local authorities, for the discharge of any of the functions of those authorities, the provisional order or order may apply to the joint board or joint committee, subject to any necessary modifications, any of the provisions of this Act.
No misnomer or inaccurate description of any person or place named in any voting paper or notice relating to an election under Part I or II of this Act shall affect its full operation with respect to that person or place, in any case where the description of the person or place is such as to be commonly understood.
243 Computation of time and timing of elections, etc.
(1) Where the day or the last day on which anything is required or permitted to be done by or by virtue of any provision to which this subsection applies is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above.
(2) Subsection (1) above applies to any provision of this Act or of an instrument under this Act, except a provision in Part IX or X or a provision of rules under . . . paragraph 18 or regulations under paragraph 18 or rules under paragraph 34 34 of Schedule 12 to this Act and applies also to sections . . ., 31 and 32 of the Local Government Act 1985.
(3) Where under subsection (4) below the day of a poll consequent on a parish ... meeting or a community governance poll (as to which, see paragraph 34(8) of Schedule 12) is postponed, the day to which it is postponed shall be treated for the purposes of this Act as the day . . . of the poll, . . ..
(4) In computing any period of time for the purpose of any regulations or rules mentioned in subsection (2) above or for the purposes of . . . 89(1) above any day specified in subsection (1) above shall be disregarded, but where between the giving of a notice . . . of the poll and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such regulations or rules, shall not operate to invalidate any act which would have been valid apart from that provision.
(5) Subsection (4) above, so far as it relates to any such regulations or rules shall have effect subject to the provisions of those regulations or rules.
244 Saving of transfer of certain powers under local Acts from Treasury to Secretary of State.
(1) The Secretary of State shall, as regards every local authority, exercise any power conferred on the Treasury by any local or private Act passed before 4th August 1906 with respect to dealings with property, loans and matters connected therewith and all such enactments, and all enactments referring to the power so conferred, shall be construed accordingly.
(2) If any question arises whether subsection (1) above applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be final.
245 Status of certain districts, parishes and communities.
(1) If, on a petition presented to Her Majesty by the council of a district praying for the grant of a charter under this subsection, Her Majesty by the advice of Her Privy Council thinks fit so to do, She may by the charter confer on that district the status of a borough, and thereupon—
(a) the council of the district shall bear the name of the council of the borough;
(b) the chairman and vice-chairman of the council shall respectively be entitled to the style of mayor and deputy mayor of the borough.
(1A) Subsection (1)(b) above does not apply where the council are operating executive arrangements which involve a mayor and cabinet executive ...
(2) A petition for a charter under subsection (1) above shall not be presented except on a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object.
(3) No charter under subsection (1) above shall take effect before 1st April 1974.
(4) Where a petition is presented to Her Majesty before 1st April 1974 by the council of a district praying for the grant of a charter under subsection (1) above and it is signified on behalf of Her Majesty before that date that She proposes to accede to the petition and that She approves—
(a) the use for the district of any style previously belonging to an existing borough which on that date will become wholly or partly comprised in the district; and
(b) the use for the chairman and vice-chairman of the council of the district of any style previously belonging to the mayor or deputy mayor of that borough;
those styles may be so used as from 1st April 1974.
(4A) Where—
(a) a council are operating executive arrangements which involve a mayor and cabinet executive ...; and
(b) the chairman or vice-chairman of the council has previously used the style of mayor or deputy mayor by virtue of subsection (4)(b), the chairman or vice-chairman, as the case may be, shall no longer use that style.
(5) A district which has the status of a borough, or for which the style of borough may be used, by virtue of the foregoing provisions of this section and the council of any such district shall not be treated as a borough or the council of a borough for the purposes of any Act passed before 1st April 1974.
(6) The council of a parish . . . which is not grouped with any other parish . . . may resolve that the parish . . . shall have the status of a town and thereupon—
(a) the council of the parish . . . shall bear the name of the council of the town;
(b) the chairman and vice-chairman of the council shall be respectively entitled to the style of town mayor and deputy town mayor;
(c) the parish meeting . . . shall have the style of town meeting.
(7) A resolution under subsection (6) above shall cease to have effect if the parish . . . to which it relates ceases to exist.
(7A) A resolution under subsection (6) shall cease to have effect if the parish has an alternative style (within the meaning of section 17A) by virtue of any of the following—
(a) an order under section 11;
(b) a resolution under section 12A;
(c) an order under section 86 of the Local Government and Public Involvement in Health Act 2007.
(8) If a parish . . . council which has passed a resolution under subsection (6) above is dissolved without the parish . . . ceasing to exist, the dissolution shall not affect the status of the parish . . . or the application to it of paragraph (c) of that subsection and in England the parish trustees shall have the style of town trustees.
(9) A parish . . . council by whom a resolution under subsection (6) above has been passed or, if the council has been dissolved, the parish meeting in England . . . may resolve that the parish . . . shall cease to have the status of a town and thereupon subsection (6)(a) to (c) above and subsection (8) above shall cease to apply to the parish . . ..
(10) The foregoing provisions of this section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any such provision granting the status of a city or royal borough or conferring the style of lord mayor, deputy lord mayor or right honourable.
245A Change of status of Welsh county to county borough.
(1) Where a petition is presented to Her Majesty by the council of a county in Wales praying for the grant of a charter under this section, Her Majesty, on the advice of Her Privy Council, may by charter confer on that county the status of a county borough.
(2) No such petition shall be presented unless a resolution of the council has been passed by not less than two-thirds of the members voting at a meeting of the council specially convened for the purpose.
(3) No charter under this section shall take effect before 1st April 1996.
(4) A county borough which has acquired that status by a charter under this section—
(a) shall be a county borough; but
(b) shall not be treated as a borough for the purposes of any Act passed before 1st April 1974.
(5) This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision granting the status of a royal borough or conferring any style on any person.
(1) The council of a community which is not grouped with any other community may, subject to subsection (3) below, resolve that the community shall have the status of a town.
(2) Where a community has the status of a town—
(a) the town council shall have the name of the community with the addition—
(i) in English, of the words “Town Council”; and
(ii) in Welsh, of the words “Cyngor Tref”;
(b) the chairman of the town council shall be entitled to the style of “town mayor” or “maer y dref”; and
(c) the vice-chairman of the town council shall be entitled to the style of “deputy town mayor” or “dirprwy faer y dref”.
(3) Where the provisions of section 27(4) above apply in relation to a community, the council of that community shall not pass a resolution under subsection (1) above unless it is satisfied that those provisions have been complied with in relation to the community.
(4) Any such resolution shall cease to have effect if the community to which it relates ceases to exist.
(5) If a community council which has passed such a resolution is dissolved without the community ceasing to exist, the dissolution shall not affect the status of the community.
(6) A community council by whom a resolution has been passed under subsection (1) above or, if the council has been dissolved, a community meeting of the community may resolve that the resolution shall cease to have effect.
(7) On the passing of a resolution under subsection (6) above, the community shall cease to have the status of a town.
(7A) The community council must give notice electronically in writing of any resolution passed under subsection (1) or (6) to the following bodies—
(a) the Welsh Ministers,
(b) the principal council for the area in which the community is situated, and
(c) the Democracy and Boundary Commission Cymru.
(8) This section shall have effect subject to any provision made by a grant under Her Majesty’s prerogative and, in particular, to any provision conferring any style on any person.
246 Preservation of powers, privileges and rights of existing cities or boroughs.
(1) Any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of an existing city or borough shall belong on and after that date to the inhabitants of the area of the existing city or borough.
(2) A charter granted by Her Majesty under section 245 above with respect to a district may—
(a) provide that any powers to appoint local officers of dignity exercisable immediately before 1st April 1974 by the corporation of an existing city or borough, the area of which becomes wholly or partly comprised by virtue of Part I or II of this Act in the district being powers which are not exercised pursuant to subsection (4) or (5) below by charter trustees, shall be exercisable on the coming into force of the charter by the council of the district in relation to the whole or any part of the district;
(b) provide that any privileges or rights belonging immediately before 1st April 1974 to the citizens or burgesses of any such city or borough for which charter trustees are not constituted pursuant to subsection (4) or (5) below shall belong on the coming into force of the charter to the inhabitants of the whole or any part of the district;
(c) contain such incidental, consequential or supplementary provision as may appear to Her Majesty to be necessary or proper in connection with the aforesaid matters.
(2A) Any powers to appoint local officers of dignity exercisable immediately before 1st April 1996 in relation to any area by the council of a district in Wales by virtue of a charter granted under section 245 above shall, on and after that date, be exercisable in relation to that area by the council of the principal area in which, on that date, that area becomes comprised.
(2B) Where on 1st April 1996 that area becomes comprised partly in each of two or more principal areas, those powers shall be exercised on and after that date by such of the councils of those principal areas as may be agreed between them, or, in default of agreement, as the Secretary of State may designate.
(3) Where by virtue of Part I or II of this Act, the area of an existing city or borough on 1st April 1974 becomes a parish in England or becomes a community in Wales having a separate community council, any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the parish or community council.
(4) Where by virtue of Part I or II of this Act the area of an existing city or borough on 1st April 1974 becomes wholly comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and that city or borough does not on that date become a parish in England or a community in Wales having a separate community council—
(a) there shall as from that date be a body corporate by the name of “the Charter Trustees of the City” or “the Charter Trustees of the Town”, as the case may be, with the addition of the name of the existing city or borough, consisting of the district councillors for the wards wholly or partly comprising the area of the city or borough or, if the number of those councillors is less than three, consisting of those councillors and such number of local government electors for that area appointed by the district council as will make the number of charter trustees up to three;
(b) the charter trustees may in every year elect one of their number to be city or town mayor and another to be deputy city or town mayor; and
(c) any powers to appoint local officers of dignity exercisable immediately before that date by the corporation of the city or borough shall be exercisable on and after that date by the charter trustees.
(5) Where by virtue of Part I of this Act part of the area of an existing city or borough in England on 1st April 1974—
(a) becomes a parish; or
(b) becomes comprised in a district not having the status, or entitled to the style, of a borough by virtue of subsection (1) or (4) of section 245 above and does not become a parish;
the Secretary of State may by order provide that subsection (3) or (4) above, as the case may be, shall apply to that part of that area, but if the order so provides with the substitution for the name of the existing city or borough in question of a name specified in the order.
(6) Subsections (1), and (3) above and any order applying subsection (3) made pursuant to subsection (5) above shall have effect subject to subsection (2A) above, any provision made by a grant under Her Majesty’s prerogative or any provision of a charter granted by Her Majesty under section 245 above and any other provision of this Act or an instrument thereunder, and a charter under subsection (2) above shall have effect subject to any provision made by any such grant or any other provision of this Act or an instrument thereunder.
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) If an area or part of an area for which charter trustees have been constituted under subsection (4) above becomes, or becomes comprised in, a parish or a separate community council is established for a community consisting of such an area, that subsection shall cease to apply to the area or part and accordingly the charter trustees shall cease to act therefor.
(9) Where charter trustees have been constituted for an area which is altered by an order under Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013 and subsection (8) does not apply in relation to the alteration, the order may make such provision with respect to the charter trustees as may appear to the Secretary of State to be appropriate.
(10) The sums required to meet the expenses of charter trustees shall be chargeable on, but only on, the area for which the charter trustees act, and for the purpose of obtaining those sums the charter trustees shall issue precepts to the council of the district in which that area is situated.
(11) Where the amount of the income received by charter trustees in any year from their property exceeds any expenditure incurred in connection with that property, they shall pay the excess to the rating authority for the rating area in which the area for which the charter trustees act is situated to be credited to the last-mentioned area.
(12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(13) Charter trustees shall keep such accounts as may be prescribed of their receipts and payments.
(14) Sections 15(5) and 34(5) above shall apply in relation to a city or town mayor holding office by virtue of this section as they apply to the chairman of a parish or community council.
(15) Section 168 above, except subsection (5), shall apply in relaton to charter trustees as if the charter trustees were the council of a parish or community consisting of the area for which they act.
(16) Sections 173 to 178 above and (in relation to Wales) Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013 shall apply in relation to charter trustees as if the charter trustees were the members of the council of a parish or community consisting of the area for which they act.
247 Transfer of armorial bearings from old to new authorities.
(1) Subject to subsection (2) below, Her Majesty may by Order in Council authorise any new local authority specified in the Order to bear and use any armorial bearings which may be so specified and which, immediately before 1st April 1974, were lawfully borne and used by an existing local authority which ceases to exist by virtue of section 1 of section 20 above.
(2) An Order in Council under this section shall provide that before any armorial bearings of an existing local authority may be borne and used by a new local authority in accordance with the Order, they shall be exemplified according to the laws of arms and recorded in the College of Arms.
(3) Subsections (1) and (2) above also apply in relation to new principal councils in Wales and authorities which ceased to exist as a result of the Local Government (Wales) Act 1994 but as if the reference to April 1, 1974 were a reference to 1st April 1996.
(1) Subject to the following provisions of this section and Schedule 28A, nothing in this Act shall affect any person’s status, or the right of any person to be admitted, as a freeman of a place which is an existing borough; and in this section and Schedule 28A any such place is referred to as a city or town.
(1A) Where the son of a freeman of a city or town may claim to be admitted as a freeman of that place, the daughter of a freeman may likewise claim to be so admitted.
(1B) The son or daughter of a freeman of a city or town shall be admitted as a freeman whether born before or after the admission, as a freeman, of his or her freeman parent and wherever he or she was born.
(1C) In subsections (1A) and (1B) “freeman” excludes a freeman of the City of London.
(1D) Schedule 28A (amendment of laws relating to freedom of city or town) shall have effect.
(2) On and after 1st April 1974 the roll of persons admitted to the freedom of a city or town shall be kept by the proper officer of the relevant district council, that is to say, the council of the district which comprises the whole or the greater part of the city or town.
(3) If at any time on or after 1st April 1974 any person claims to be admitted to the freedom of a city or town, the person's claim for admission shall be examined by the chairman of the relevant district council, as defined in subsection (2) above, and, if the person’s claim is established, the person's name shall be entered on the roll of persons admitted to the freedom of that city or town.
(4) After 31st March 1974—
(a) a person admitted to the freedom of a city or town,
(b) any person who by marriage, descent, employment or otherwise is or has been related to or associated with a person admitted to the freedom of a city or town, and
(c) any person who is or has been related by marriage to the widow or a child of a person admitted to the freedom of a city or town,
shall have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed on that date by a freeman of that city or town, by a person correspondingly related to or associated with such a freeman or, as the case may be, by a person correspondingly related by marriage to the widow or a child of such a freeman.
(5) A person who is on 1st April 1974, or becomes thereafter, an inhabitant of a city or town shall, as such, have and enjoy the same rights, whether in respect of property or otherwise, as were held and enjoyed immediately before that date by an inhabitant of that city or town.
(6) This section shall have effect in relation to Wales as if—
(a) in subsections (2) and (3) the references to the relevant district council were references to the relevant principal council; and
(b) in subsection (2) the reference to the council of the district were a reference to the council of the principal area.
(1) A principal council may, by a resolution passed by not less than two-thirds of the members voting thereon at a meeting of the council specially convened for the purpose with notice of the object, confer the title of honorary aldermen or honorary alderwomen on persons who have, in the opinion of the council, rendered eminent services to the council as past members of that council, but who are not then members of the council.
(2) No honorary alderman or honorary alderwoman shall, while serving as a member of the council, be entitled to be addressed as alderman or alderwoman or to attend or take part in any civic ceremonies of the council as an alderman or alderwoman.
(3) Services rendered to the council of an existing county, county borough, borough or urban or rural district the area of which becomes wholly or partly included in a new county or district shall be treated for the purposes of subsection (1) above as services rendered to the council of the new county or district, as the case may be.
(4) An honorary alderman or honorary alderwoman of a principal council may attend and take part in such civic ceremonies as the council may from time to time decide, but shall not, as such, have the right—
(a) to attend meetings of the council or a committee of the council (including a joint committee upon which they are represented); or
(b) to receive any such allowances or other payments as are payable under sections 173 to 176 above or Part 5A of the Democracy and Boundary Commission Cymru etc. Act 2013.
(4A) A principal council may spend such reasonable sum as they think fit for the purpose of presenting an address, or a casket containing an address, to a person on whom they have conferred the title of honorary alderman or honorary alderwoman.
(5) Subject as follows, a relevant authority may admit to be honorary freemen or honorary freewomen of the place or area for which it is the authority—
(a) persons of distinction, and
(b) persons who have, in the opinion of the authority, rendered eminent services to that place or area.
(6) In this section “relevant authority” means—
(a) a principal council;
(b) a parish or community council;
(c) charter trustees in England constituted—
(i) under section 246 of the Local Government Act 1972,
(ii) by the Charter Trustees Regulations 1996 (SI 1996/263), or
(iii) under Part 1 of the Local Government and Public Involvement in Health Act 2007.
(7) The power in subsection (5) above is exercisable by resolution of the relevant authority.
(8) A resolution under subsection (7) above must be passed—
(a) at a meeting of the relevant authority which is specially convened for the purpose and where notice of the object of the meeting has been given; and
(b) by not less than two-thirds of the members of the relevant authority (or, in the case of charter trustees, of the trustees) who vote on it.
(9) A relevant authority may spend such reasonable sum as it thinks fit for the purpose of presenting an address or a casket containing an address to a person on whom the authority has conferred the title of honorary freeman or honorary freewoman under subsection (5) above.
(10) The admission of a person as honorary freeman or honorary freewoman does not confer on that person any of the rights referred to in section 248(4) above.
(1) Where any Minister is authorised by this Act to determine any difference, to make or confirm any order, to frame any scheme, or to give any consent, confirmation, sanction or approval to any matter, or otherwise to act under this Act, and where the Secretary of State is authorised to hold an inquiry, either under this Act or under any other enactment relating to the functions of a local authority, he may cause a local inquiry to be held.
(2) For the purpose of any such local inquiry, the person appointed to hold the inquiry may by summons require any person to attend, at a time and place stated in the summons, to give evidence or to produce any documents in his custody or under his control which relate to any matter in question at the inquiry, and may take evidence on oath, and for that purpose administer oaths, . . . :
Provided that—
(a) no person shall be required, in obedience to such summons, to attend to give evidence or to produce any such documents, unless the necessary expenses of his attendance are paid or tendered to him; and
(b) nothing in this section shall empower the person holding the inquiry to require the production of the title, or of any instrument relating to the title, of any land not being the property of a local authority.
(3) Every person who refuses or deliberately fails to attend in obedience to a summons issued under this section, or to give evidence, or who deliberately alters, suppresses, conceals, destroys, or refuses to produce any book or other document which he is required or is liable to be required to produce for the purposes of this section, shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale or to imprisonment for a term not exceeding six months, or to both.
(4) Where a Minister causes an inquiry to be held under this section, the costs incurred by him in relation to the inquiry . . . shall be paid by such local authority or party to the inquiry as he may direct, and the Minister may cause the amount of the costs so incurred to be certified, and any amount so certified and directed to be paid by any authority or person shall be recoverable from that authority or person by the Minister summarily as a civil debt.
(5) The Minister causing an inquiry to be held under this section may make orders as to the costs of the parties at the inquiry and as to the parties by whom the costs are to be paid, and every such order may be made a rule of the High Court on the application of any party named in the order.
(6) This section shall extend to local inquiries held by the Secretary of State under the provisions of the Local Government Act 1929 or the Ferries (Acquisition by Local Authorities) Act 1919.
251 Consequential and minor modifications and amendments.
(1) Part I of Schedule 29 to this Act shall have effect for the purpose of making general adaptations of enactments, being adaptations which are consequential on the foregoing provisions of this Act.
(2) The enactments specified in Part II of that Schedule shall have effect subject to the modifications and amendments set out in that Part, being modifications and amendments which are consequential on the foregoing provisions of this Act and minor amendments.
(1) Her Majesty may at any time, in any case where it appears to Her appropriate in consequence of the provisions of this Act, by Order in Council coming into force not earlier than 1st April 1974 make modifications of any enactments contained in any other public general Act passed before that date or any instrument made before that date under any such Act, being an instrument of a legislative character and not being an instrument in the nature of a local enactment, as may appear to Her to be necessary to make that enactment or instrument apply in relation to any particular class of new authority as it applies in relation to any particular class of local authority existing immediately before that date.
(2) The modifications which may be made by an Order in Council under this section shall be in addition to those made by any other provision of this Act, but shall have effect subject to any such other modification, except those made by section 179 above.
(3) No Order in Council shall be made under this section unless a draft of the Order has been laid before, and approved by a resolution of, each House of Parliament.
(1) Any functions of any such public body as is specified in subsection (2) below may with their approval be transferred by an order made by the Secretary of State to any local authority whose area comprises the district of that body, or jointly to two or more local authorities whose areas together comprise that district.
(2) This section applies to the following public bodies, that is to say, any trustees, commissioners or other persons who, for public purposes and not for their own profit, act under any enactment or instrument for the improvement of any place, or for providing or maintaining a cemetery or market in any place.
(3) Any order under this section may contain such incidental, consequential, transitional and supplementary provision as may appear to the Secretary of State to be necessary or proper; and a statutory instrument containing an order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(4) In this section “local authority” includes the Common Council.
(1) The Secretary of State or any appropriate Minister may at any time by order make such incidental, consequential, transitional or supplementary provision as may appear to him—
(a) to be necessary or proper for the general or any particular purposes of this Act or in consequence of any of the provisions thereof or for giving full effect thereto; or
(b) to be necessary or proper in consequence of such of the provisions of any other Act passed in the same session as this Act as apply to any area or authority affected by this Act;
and nothing in any other provision of this Act shall be construed as prejudicing the generality of this subsection.
(2) An order under this section may in particular include provision—
(a) with respect to the transfer and management or custody of property (whether real or personal) and the transfer of rights and liabilities;
(b) with respect to the membership of any body so far as that membership consists of persons elected by, or appointed by or on the nomination of, any authority affected by this Act or any two or more bodies who include such an authority;
(c) for applying with or without modifications, or amending, repealing, or revoking, with or without savings, any provision of an Act passed or an instrument under an Act made before 1st April 1974 and for making savings or additional savings from the effect of any repeal made by this Act;
(d) for any of the matters specified in section 67 above;
(e) without prejudice to paragraph (d) above, for dissolving any body corporate established by any Act passed or by any instrument under an Act made before 1st April 1974;
(f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(h) for treating anything duly done before 1st April 1974 by any authority in the exercise of functions which on and after that date become functions of some other authority as having, from that date, been duly done by that other authority and for treating any instrument made before that date, if or so far as it was made in the exercise of those functions, as continuing in force on and after that date until varied or revoked in the exercise of those functions by that other authority;
(i) for securing the continued discharge of functions in relation to the Confederation of the Cinque Ports and its courts (including so far as is necessary for that purpose, provision for the constitution of a body to replace any existing corporation), for appropriating property or providing funds for the discharge of functions as aforesaid, and otherwise for securing that anything required or authorised to be done by, to or in relation to the Confederation or any of its courts may continue to be done.
(3) Subject to subsection (5) below any of the following things done or treated by virtue of any enactment as having been done by or to or in relation to an existing local authority outside Greater London in connection with the discharge of any of their functions, that is to say—
any written agreement or other instrument in writing or any determination or declaration made or treated as made by such an authority,
any notice or direction given or treated as given by or to such an authority,
any licence, permission, consent, approval, exemption, dispensation or relaxation granted or treated as granted by or to such an authority,
any application, proposal or objection made or treated as made by or to such an authority,
any condition or requirement imposed or treated as imposed by or on such an authority, or
any appeal allowed by or in favour of or against such an authority,
shall, as from 1st April 1974, be treated as having been done by, to or in relation to the new local authority by whom those functions become exercisable on and after that date by or by virtue of this Act, and any such thing shall as from that date have effect as if any reference therein to a specified existing local authority outside Greater London by whom those functions were exercisable before that date were a reference to the new local authority by whom those functions become exercisable.
(4) If there is any doubt as to the identity of a local authority to whom any particular functions are so transferred, that authority shall be taken to be such authority as may be specified in a direction given by a Minister of the Crown concerned with the discharge of those functions.
(5) Subsection (3) above is without prejudice to any express provision made by, or by any instrument made under, this Act, but has effect subject to any provision to the contrary so made and in particular may be excluded from applying, either wholly or to any specified extent, in any particular case by an order made by the Secretary of State by statutory instrument.
(6) Section 68 above shall apply for the purposes of Parts I and II, section 214(1)(b) and this Part of this Act as if any reference to an order under Part IV of this Act included a reference to any provision of Part I or II of this Act or to section 214(1)(b) of this Act or to any provision of any instrument made under Part I or II or this Part of this Act.
(7) A local authority to whom any charters or insignia of a borough abolished by Part I or II of this Act have been transferred by virtue of subsection (2)(a) above shall if practicable preserve them in the area of the borough as it existed immediately before 1st April 1974.
(8) An order under this section which extends the area for which any local statutory provision is in force shall be provisional only.
(9) Any statutory instrument containing any other order under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(1) Any of the following instruments under any of the provisions of this Act, that is to say an order under section 9, 10, 11, 27B, 27D, 27F, 27H, 27J or 27L, regulations or an order under section 67 or an order under section 198, 200, 201 or 254 may contain provisions as to the transfer of any person who is, on such date as may be specified in relation to him in the order or by or under the regulations, the holder of any office or employment and who is affected by any provision of, or of any instrument made under, this Act and shall contain provision for the protection of the interests of such persons.
(2) In the case of any person who on 31st March 1974 is in the employment of one or more local authorities who are or include a council or municipal corporation which ceases to exist by virtue of section 1 or 20 above, the Secretary of State shall by order make such provision as is necessary to ensure that, to the extent, if any, to which, by reason only of the said section 1 or 20, that person would apart from the order cease on 1st April 1974 to be in such employment, that person is transferred on 1st April 1974 to the employment of such local authority as may be specified in or determined under the order.
(3) Any such order or regulations as is or are referred to in subsection (1) or (2) above shall include such provision with respect to any person who is transferred by or under the order or regulations from the employment of one authority to that of another so as to secure that—
(a) so long as he continues in the employment of that other authority by virtue of the transfer and until he is served with a statement in writing referring to the order or regulations and specifying new terms and conditions of employment, he enjoys terms and conditions of employment not less favourable than those which he enjoyed immediately before the date of transfer; and
(b) the said new terms and conditions are such that—
(i) so long as he is engaged in duties reasonably comparable to those in which he was engaged immediately before the date of transfer, the scale of his salary or remuneration, and
(ii) the other terms and conditions of his employment,
are not less favourable than those which he enjoyed immediately before the date of transfer.
(4) Subsections (2) and (3) above shall apply in relation to—
(a) a police authority,
(b) a burial board, joint burial board or joint committee which ceases to exist by virtue of section 214 above,
(c) any prescribed association of local authorities the constituent members of which include councils falling within subsection (2) above, and
(d) any prescribed association of committees of local authorities the constituent members of which include committees of councils falling within subsection (2) above,
as they apply in relation to a local authority who are a council which ceases to exist by virtue of section 1 or 20 above, but in their application to police authorities shall have effect as if any reference to a person in the employment of an authority were a reference to the civilian employees of a police authority.
(5) A statutory instrument containing an order under subsection (2) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
256 Continuity of employment in cases of voluntary transfer.
(1) This section applies to a person if—
(a) at some time before 1st April 1974, or on that date but otherwise than by virtue of provision made by an order under section 255 above, he enters the employment of a new local authority (in this section referred to as “his new employment”), and
(b) had he continued until 1st April 1974 in the employment (in this section referred to as “his previous employment”) which he last held before he entered his new employment or (if he did so continue) had he then ceased to be in that employment by reason only of section 1 or 20 above, provision would have been made by an order under section 255(2) above for his transfer on that date to the employment of a specified local authority.
(2) Where this section applies to a person, then for the purposes of section 28 of the Industrial Relations Act 1971 (qualifying period for protection from unfair dismissal) and section 1 of the Contracts of Employment Act 1972 (minimum periods of notice)—
(a) the period of employment in his previous employment shall count as a period of employment in his new employment, and
(b) the change of employment shall not break the continuity of the period of employment.
(1) The appropriate Minister shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations of compensation to or in respect of persons who are, or who but for any such service by them as may be so prescribed would be, the holders of any such office or employment as may be so prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to any provision of this Act or of any instrument made under this Act.
(2) Regulations under this section may—
(a) include provision as to the manner in which and the person to whom any claim for compensation is to be made, and for the determination of all questions arising under the regulations,
(b) make different provision for different classes of persons and for other different circumstances and make or authorise the appropriate Minister to make exceptions and conditions,
(c) be framed so as to have effect from a date earlier than the making of the regulations,
but so that regulations having effect from a date earlier than the date of their making shall not place any individual in a worse position than he would have been in if the regulations had been so framed as to have effect only from the date of their making.
(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 any part of their area, to be a food authority within the meaning of the Food Safety Act 1990;
(c) any transfer or relinquishment of functions under any of the provisions of the Public Health Act 1936—
which are incorporated or reproduced in the Slaughterhouses Act 1974 or the Food Safety Act 1990;
(d) the provisions of an order under section 46 of the Children and Young Persons Act 1969;
and, without 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, . . . 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 the regulations apply.
(4) Without prejudice to subsection (1) above, regulations under this section may make provision in relation to persons who are or, but for any such service by them as may be prescribed, would be employees of any such association of local authorities or of committees of local authorities as may be prescribed and who suffer loss of employment or loss or diminution of emoluments which is attributable to the reorganisation of local government effected by this Act; and, without prejudice to subsection (2) above, regulations under this section making any such provision may provide that any compensation paid under the regulations by the appropriate Minister shall be recoverable by him in accordance with the regulations from such association or other body as may be prescribed by or determined under the regulations.
(5) Any statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.
260 Provision for early retirement in lieu of compensation for loss of office.
(1) In order to facilitate the early retirement of certain persons who might otherwise suffer such loss of employment or loss or diminution of emoluments as is referred to in section 259(1) above, any person who—
(a) is the holder of any such office or is in any such employment as may be prescribed for the purposes of this subsection, and
(b) attains or has attained the age of fifty on or before 31st March 1974, and
(c) fulfils such other conditions as may be prescribed,
may by notice given before the prescribed date and in the prescribed manner elect that this section shall, and that section 259 above shall not, apply to him.
(2) Where any person has made an election under subsection (1) above, then unless, within the period of one month beginning on the day on which the notice of election is given, notice of objection to that election has been given to him by the body under whom he holds office or by whom he is employed, this section shall, and section 259 above shall not, apply to him on his retirement within the prescribed period and before attaining the normal retiring age.
(3) Subject to subsection (4) below, the Secretary of State shall by regulations provide for the payment by such body or such Minister as may be prescribed by or determined under the regulations to or in respect of a person to whom this section applies of benefits corresponding, as near as may be, to those which would have been paid to or in respect of that person under the relevant superannuation scheme if—
(a) at the date of his retirement he had attained the normal retiring age; and
(b) the actual period of his reckonable service were increased by such period as may be prescribed, being a period not exceeding the period beginning on the date of his retirement and ending on the date on which he would attain the normal retiring age.
(4) Regulations under subsection (3) above shall be so framed as to secure that the sums which would otherwise be payable under the regulations in accordance with that subsection to or in respect of any person are reduced to take account of any benefits payable to or in respect of him under the relevant superannuation scheme.
(5) Any sums payable under regulations made under subsection (3) above shall be treated for the purposes of section 73 of the Finance Act 1972 (compensation for loss of office or employment chargeable to tax as a payment made on retirement or removal from office or employment) in like manner as compensation paid under section 259 above.
(6) In this section—
“normal retiring age” means—
(a) in relation to any person to whom an age of compulsory retirement applies by virtue of the relevant superannuation scheme, that age, and
(b) in relation to any other person, the age of sixty-five in the case of a man and sixty in the case of a woman or, in either case, such other age as may be prescribed;
“reckonable service”, in relation to any person, means service in respect of which benefits are payable under the relevant superannuation scheme; and
“relevant superannuation scheme”, in relation to any person, means the instrument which is applicable in the case of his office or employment and which makes provision with respect to the pensions, allowances or gratuities which, subject to the fulfilment of certain requirements and conditions, are to be, or may be, paid to or in respect of persons in that office or employment.
(7) A statutory instrument containing regulations under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.