Local Government Act 1985

• (2) Any transfer under this section and any transfer of property by or under any other provision of this Act may be on such terms, including financial terms, as the Secretary of State thinks fit and the Secretary of State may by order create or impose such new rights or liabilities in respect of what is transferred as appear to him to be necessary or expedient.

• (3) The Secretary of State may by order confer on any person to whom property is transferred by the order or by or under any other provision of this Act any statutory functions which before the abolition date were exercisable in relation to that property by the Greater London Council or a metropolitan county council.

• (4) Without prejudice to subsections (2) and (3) above, any order under this section and any other order under this Act by which property is transferred may include such incidental consequential and supplementary provisions as appear to the Secretary of State to be necessary or expedient.

Power to make incidental, consequential and transitional provisions

101

• (1) The Secretary of State may at any time by order make such incidental, consequential, transitional or supplementary provision as appears to him to be necessary or expedient—

• (a) for the general purposes or any particular purposes of this Act or in consequence of any of its provisions or for giving full effect to it; or

• (b) in consequence of such of the provisions of any other Act passed in the same Session as this Act or the Housing Act 1988 as apply to any area or authority affected by this Act.

• (2) An order under this section may in particular make provision—

• (a) for enabling any authority or body by whom any powers will become exercisable on the abolition date by virtue of any provision made by or under this Act to take before that date any steps (such as the undertaking of consultations, the giving of notices or the consideration of objections) which are required to be taken as a preliminary to the exercise of those powers;

• (b) for the making before the abolition date of arrangements for securing the satisfactory operation from that date of any provision made by or under this Act and for defraying the cost of any such arrangements;

• (c) for amending, repealing or revoking (with or without savings) any provision of an Act passed, or an instrument under an Act made, before the abolition date, for applying any such provision (with or without modification) and for making savings or additional savings from the effect of any amendment or repeal made by this Act;

• (d) with respect to the membership of any body so far as consisting of persons elected by, or appointed by or on the nomination of, the Greater London Council or a metropolitan county council, whether alone or together with one or more other bodies;

• (e) for dissolving any body corporate established by any Act passed, or by any instrument under an Act made, before the abolition date.

• (3) The amendments that may be made under subsection (2)(c) above—

• (a) shall be in addition and without prejudice to those made by any other provision of this Act; and

• (b) shall, in particular, include amendments in consequence of functions under provisions applying to Greater London or a metropolitan county becoming exercisable in their respective areas by the councils of London boroughs or metropolitan districts or by the Common Council.

• (4) No other provision of this Act shall be construed as prejudicing the generality of the powers conferred by this section.

Consequential amendments and repeals

102

• (1) The enactments mentioned in Schedule 16 to this Act shall have effect with the amendments there specified, being amendments consequential on the provisions of this Act.

• (2) The enactments mentioned in Schedule 17 to this Act (which include spent provisions) are hereby repealed to the extent specified in the third column of that Schedule.

• (3) This section has effect from the abolition date.

• (4) Subsection (2) above does not affect any orders made before the abolition date under section 23, 83 or 87 of the London Government Act 1963.

Orders etc.

103

• (1) Any power of the Secretary of State to make orders, regulations or rules under this Act shall be exercisable by statutory instrument and may be exercised so as to make different provision for different cases, including different provision for different areas.

• (2) A statutory instrument containing regulations or, subject to subsection (3) below, an order under this Act shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (3) Subsection (2) above does not apply to an order under section 13, 15, 18, 23, 42, 51 or 57 above or under paragraph 10 of Schedule 5 to this Act.

• (4) A statutory instrument containing an order under section 13(9) above shall be laid before each House of Parliament after being made.

• (5) No order shall be made under section 42 above unless a draft of it has been laid before and approved by a resolution of each House of Parliament.

• (6) Any power conferred on the Secretary of State by section 11(2), 98(8), 100 and 101 above may also be exercised by any appropriate Minister.

Expenses

104

There shall be paid out of moneys provided by Parliament—

• (a) any expenses of any Minister under this Act; and

• (b) any increase attributable to this Act in the sums payable out of such moneys under any other Act.

Interpretation

105

• (1) In this Act—

• “the abolition date” has the meaning given in section 1(2) above;

• “contract of employment”, “employee” and “employer” have the same meaning as in the Employment Rights Act 1996;

• “joint authority” means any authority established by Part IV of this Act;

• “new authority” means any authority established by Part III or IV of this Act;

• “the principal Act” means the Local Government Act 1972;

• “residuary body” means a body established by Part VII of this Act and “the appropriate residuary body” has the meaning given in section 57(2) above;

• “statutory functions” means functions conferred by an enactment or a statutory instrument.

• (2) In this Act any expression which is also used in the principal Act has the same meaning as in that Act.

• (3) Any provision of this Act enabling a power to be exercised or anything else to be done before the abolition date so as to take effect on or after that date is without prejudice to section 13 of the Interpretation Act 1978 (anticipatory exercise of powers).

Short title and extent

106

• (1) This Act may be cited as the Local Government Act 1985.

• (2) Any amendment or repeal by this Act of an enactment which extends to Scotland or Northern Ireland has the same extent as that enactment but, save as aforesaid, this Act extends to England and Wales only.

SCHEDULE 1

PART I — Unitary Development Plans

Survey of planning areas

1

• (1) The local planning authority—

• (a) shall keep under review the matters which may be expected to affect the development of their area or the planning of its development; and

• (b) may, if they think fit, institute a survey or surveys of their area or any part of their area for examining those matters.

• (2) Without prejudice to the generality of sub-paragraph (1) above, the matters to be kept under review or examined under that subparagraph shall include—

• (a) the principal physical and economic characteristics of the area of the authority (including the principal purposes for which land is used) and, so far as they may be expected to affect that area, of any neighbouring areas ;

• (b) the size, composition and distribution of the population of that area (whether resident or otherwise);

• (c) without prejudice to paragraph (a) above, the communications, transport system and traffic of that area and, so far as they may be expected to affect that area, of any neighbouring areas;

• (d) any considerations not mentioned in any of the foregoing paragraphs which may be expected to affect any matters mentioned in them;

• (e) such other matters as may be prescribed or as the Secretary of State may in a particular case direct;

• (f) any changes already projected in any of the matters mentioned in any of the foregoing paragraphs and the effect which those changes are likely to have on the development of that area or the planning of such development.

• (3) A local planning authority shall, for the purpose of discharging their functions under this paragraph of keeping under review and examining any matters relating to the area of another such authority, consult with that other authority about those matters.

Preparation of unitary development plan

2

• (1) The local planning authority shall, after the coming into force of this paragraph in their area and within such period (if any) as the Secretary of State may direct, prepare for their area a plan to be known as a unitary development plan.

• (2) A unitary development plan shall comprise two parts, namely—

• (a) Part I which shall consist of a written statement formulating the authority's general policies in respect of the development and other use of land in their area (including measures for the improvement of the physical environment and the management of traffic) ; and

• (b) Part II which shall consist of—

• (i) a written statement formulating in such detail as the authority think appropriate (and so as to be readily distinguishable from the other contents of the plan) their proposals for the development or other use of land in their area or for any description of development or other use of such land ;

• (ii) a map showing those proposals on a geographical basis ;

• (iii) a reasoned justification of the general policies in Part I and of the proposals in Part II; and

• (iv) such diagrams, illustrations or other descriptive or explanatory matter in respect of the general policies in Part I or the proposals in Part II as the authority think appropriate or as may be prescribed.

• (3) A unitary development plan shall also contain such other matters as may be prescribed or as the Secretary of State may in any particular case direct.

• (4) In formulating the general policies in Part I of a unitary development plan the authority shall have regard—

• (a) to any strategic guidance given by the Secretary of State to assist them in the preparation of the plan ;

• (b) to current national and regional policies ;

• (c) to the resources likely to be available ; and

• (d) to such other matters as the Secretary of State may direct the authority to take into account.

• (5) The proposals in Part II of a unitary development plan shall be in general conformity with Part I.

• (6) Part II of a unitary development plan may designate any part of the authority's area as an action area, that is to say, an area which they have selected for the commencement during a prescribed period of comprehensive treatment by development, redevelopment or improvement (or partly by one and partly by another method) and if an area is so designated that Part of the plan shall contain a description of the treatment proposed by the authority.

• (7) In preparing a unitary development plan the authority shall take into account the provisions of any scheme under paragraph 3 of Schedule 32 to the Local Government, Planning and Land Act 1980 relating to land in their area which has been designated under that Schedule as an enterprise zone.

Publicity in connection with preparation of unitary development plan

3

• (1) When preparing a unitary development plan for their area and before finally determining its contents the local planning authority shall take such steps as will in their opinion secure—

• (a) that adequate publicity is given in their area to the matters which they propose to include in the plan;

• (b) that persons who may be expected to desire an opportunity of making representations to the authority with respect to those matters are made aware that they are entitled to an opportunity of doing so ; and

• (c) that such persons are given an adequate opportunity of making such representations;

and the authority shall consider any representations made to them within the prescribed period.

• (2) Where the local planning authority have prepared a unitary development plan they shall, before adopting it, make copies of it available for inspection at their office and at such other places as may be prescribed and send a copy to the Secretary of State; and each copy made available for inspection shall be accompanied by a statement of the time within which objections to the plan may be made to the authority.

• (3) The copy of a unitary development plan sent to the Secretary of State under sub-paragraph (2) above shall be accompanied by a statement—

• (a) of the steps which the authority have taken to comply with sub-paragraph (1) above ; and

• (b) of the authority's consultations with, and their consideration of the views of, other persons.

• (4) If, on considering the statement submitted with and the matters contained in a unitary development plan and any other information provided by the local planning authority, the Secretary of State is not satisfied that the purposes of paragraphs (a) to (c) of sub-paragraph (1) above have been adequately achieved by the steps taken by the authority in compliance with that sub-paragraph, he may, within twenty-one days of the receipt of the statement, direct the authority not to take further steps for the adoption of the plan without taking such further action as he may specify in order better to achieve those purposes and satisfying him that they have done so.

• (5) A local planning authority who are given directions by the Secretary of State under sub-paragraph (4) above shall—

• (a) forthwith withdraw the copies of the unitary development plan made available for inspection as required by subparagraph (2) above; and

• (b) notify any person by whom objections to the plan have been made to the authority that the Secretary of State has given such directions as aforesaid.

Withdrawal of unitary development plan

4

• (1) A unitary development plan may be withdrawn by the local planning authority at any time before it is adopted by the authority or approved by the Secretary of State and shall be withdrawn by the authority if the Secretary of State so directs.

• (2) Where a unitary development plan is withdrawn the authority shall—

• (a) withdraw the copies made available for inspection and sent to the Secretary of State under paragraph 3(2) above; and

• (b) give notice that the plan has been withdrawn to every person who has made an objection to it.

• (3) In determining the steps to be taken by a local planning authority to secure the purposes of paragraphs (a) to (c) of sub-paragraph (1) of paragraph 3 above the authority and the Secretary of State may take into account any steps taken to secure those purposes in connection with any unitary development plan which the authority have previously withdrawn.

• (4) Where a unitary development plan is withdrawn the copies of the plan shall be treated as never having been made available under paragraph 3(2) above.

Adoption of unitary development plan by local planning authority

5

• (1) After the expiry of the period afforded for making objections to a unitary development plan or, if such objections have been duly made during that period, after considering those objections, the local planning authority may, subject to the following provisions of this paragraph and paragraph 7 below, by resolution adopt the plan either as originally prepared or as modified to take account—

• (a) of those objections ;

• (b) of any other objections made to the plan ;

• (c) of any other considerations which appear to the authority to be material.

• (2) A unitary development plan shall not be adopted unless Part II of the plan is in general conformity with Part I.

• (3) Where an objection to a unitary development plan has been made by the Minister of Agriculture, Fisheries and Food and the local planning authority do not propose to modify the plan to take account of the objection the authority—

• (a) shall send the Secretary of State particulars of the objection and a statement of their reasons for not modifying the plan to take account of it; and

• (b) shall not adopt the plan unless the Secretary of State authorises them to do so.

• (4) Subject to the following provisions of this Schedule and to section 242 of the Town and Country Planning Act 1971, a unitary development plan shall become operative on the date on which it is adopted.

Local inquiries and hearings prior to adoption

6

• (1) For the purpose of considering objections to a unitary development plan the local planning authority may, and shall in the case of objections made in accordance with regulations under this Part of this Schedule, cause a local inquiry or other hearing to be held by a person appointed by the Secretary of State or, in such cases as may be prescribed by regulations under this Part of this Schedule, by the authority themselves ; and—

• (a) subsections (2) and (3) of section 250 of the Local Government Act 1972 (power to summon and examine witnesses) shall apply to an inquiry held under this paragraph as they apply to an inquiry under that section ; and

• (b) the Tribunals and Inquiries Act 1971 shall apply to a local inquiry or other hearing held under this paragraph as it applies to a statutory inquiry held by the Secretary of State but as if in section 12(1) of that Act (statement of reasons for decisions) the reference to any decision taken by the Secretary of State were a reference to a decision taken by a local authority.

• (2) Regulations made for the purposes of this paragraph may—

• (a) make provision with respect! to the appointment and qualifications for appointment of persons to hold a local inquiry or other hearing under this paragraph, including provision enabling the Secretary of State to direct a local planning authority to appoint a particular person or one of a specified list or class of persons ;

• (b) make provision with respect to the remuneration and allowances of a person appointed for that purpose.

• (3) No local inquiry or other hearing need be held under this paragraph if all persons who have made objections have indicated in writing that they do not wish to appear.

Calling in of unitary development plan for approval by Secretary of State

7

• (1) At any time after a copy of a unitary development plan has been sent to the Secretary of State under paragraph 3(2) above and before it is adopted by the local planning authority, the Secretary of State may direct that the whole or part of the plan shall be submitted to him for his approval, and in that event—

• (a) the authority shall not take any further steps for the adoption of the plan until the Secretary of State has given his decision on the plan or the relevant part of it; and

• (b) the plan or the relevant part of it shall not have effect unless approved by him and shall not require adoption under the foregoing provisions of this Schedule.

• (2) Where particulars of an objection to a unitary development plan have been sent to the Secretary of State under paragraph 5(3) above, then, unless he is satisfied that the Minister of Agriculture, Fisheries and Food no longer objects to the plan, it shall be the duty of the Secretary of State to give a direction in respect of it under subparagraph (1) above.

• (3) Sub-paragraph (1)(a) above applies in particular to holding or proceeding with a local inquiry or other hearing in respect of the plan under paragraph 6 above ; and at any such inquiry or hearing which is subsequently held or resumed a local planning authority shall not be obliged to afford any person an opportunity of being heard in respect of any objection which has been heard at an examination, local inquiry or other hearing under paragraph 9 below or which the Secretary of State states that he has considered in making his decision.

Approval of unitary development plan by Secretary of State

8

• (1) Subject to paragraph 9 below, the Secretary of State may after considering a plan or part of a plan submitted to him under paragraph 7(1) above either approve it in whole or in part and with or without modifications or reservations or reject it.

• (2) In considering a plan or part of a plan submitted to him as aforesaid the Secretary of State may take into account any matters which he thinks relevant, whether or not they were taken into account in the plan or that part of it.

• (3) The Secretary of State shall give to a local planning authority such statement as he considers appropriate of the reasons governing his decision on any plan or part of a plan submitted to him.

• (4) Where the whole or part of Part I of a unitary development plan is approved by the Secretary of State with modifications, the local planning authority shall, before adopting the remainder of the plan, make such modifications in Part II as may be directed by the Secretary of State for bringing it into general conformity with Part I and, in the absence of any such direction, shall make such modifications for that purpose in Part II as appear to the authority to be required.

• (5) Subject to section 242 of the Town and Country Planning Act 1971, a plan or part of a plan which is approved by the Secretary of State under this paragraph shall become operative on such day as he may appoint.

Local inquiry, public examination and consultation by Secretary of State

9

• (1) Subject to sub-paragraph (3) below, before deciding whether or not to approve a plan or part of a plan submitted to him under paragraph 7(1) above, the Secretary of State shall consider any objection to it so far as made in accordance with regulations under ¦this Part of this Schedule.

• (2) Subject to sub-paragraph (3) below, where—

• (a) the whole of a unitary development plan; or

• (b) the whole or part of Part II of such a plan ; or

• (c) the whole or part of Part I together with any part of Part II, or the whole of Part II together with any part of Part I, of such a plan,

is submitted as aforesaid, then, if any objections have been made to the plan or the relevant part of it as aforesaid, the Secretary of State shall before deciding whether to approve it cause a local inquiry or other hearing to be held for the purpose of considering those objections.

• (3) The Secretary of State need not under sub-paragraph (1) above consider any objections which have already been considered by the local planning authority and need not cause a local inquiry or other hearing to be held under sub-paragraph (2) above if that authority have already held a local inquiry or other hearing into the objections under paragraph 6 above or the Secretary of State, on taking the plan or the relevant part of it into consideration, decides to reject it.

• (4) Where the whole or part of Part I of a unitary development plan (but not the whole or any part of Part II) is submitted to the Secretary of State under paragraph 7(1) above he may cause a person or persons appointed by him for the purpose to hold an examination in public of such matters affecting the Secretary of State's consideration of the part of the plan submitted to him as he considers ought to be so examined.

• (5) The Secretary of State may, after consultation with the Lord Chancellor, make regulations with respect to the procedure to be followed at any examination under sub-paragraph (4) above.

• (6) The Secretary of State shall not be required to secure to any local planning authority or other person a right to be heard at an examination under sub-paragraph (4) above, and the bodies and persons who may take part shall be such only as he may, whether before or during the course of the examination, in his discretion invite to do so; but the person or persons holding the examination shall have power, exercisable either before or during the course of the examination, to invite additional bodies or persons to take part if it appears to him or them desirable to do so.

• (7) An examination under sub-paragraph (4) above shall constitute a statutory inquiry for the purposes of section 1(1)(c) of the Tribunals and Inquiries Act 1971 but shall not constitute such an inquiry for any other purpose of that Act.

• (8) On considering a plan or part of a plan submitted to him under paragraph 7(1) above the Secretary of State may consult with or consider the views of any local planning authority or other person but shall not be under any obligation to do so except as provided in the foregoing provisions of this paragraph.

Alteration of unitary development plan

10

• (1) A local planning authority may at any time, and shall if so directed by the Secretary of State, make proposals for the alteration or replacement of a unitary development plan adopted or approved for their area under the foregoing provisions of this Part of this Schedule but, except in pursuance of such a direction, a local planning authority shall not without the consent of the Secretary of State make proposals under this paragraph in respect of any plan or part of a plan if that plan or any part of it has been approved by him under those provisions.

• (2) Paragraphs 2 to 9 above (other than sub-paragraph (1) of paragraph 2) shall apply in relation to the making of proposals under this paragraph and to any alteration or replacement so proposed as they apply to the preparation of a unitary development plan under paragraph 2 and to a plan prepared under that paragraph.

• (3) As soon as practicable after—

• (a) an order has been made under paragraph 5 of Schedule 32 to the Local Government, Planning and Land Act 1980 (designation of enterprise zone); or

• (b) a notification has been given under paragraph 11(1) of that Schedule (approval of modification of enterprise zone scheme),

the local planning authority for an area in which the zone is wholly •or partly situated shall review any unitary development plan for that area in the fight of the provisions of the scheme or modified scheme under that Schedule and prepare proposals under this paragraph for any consequential alterations to the plan which they consider necessary.

Disregard of certain representations

11

Notwithstanding anything in the foregoing provisions of this Part of this Schedule, neither the Secretary of State nor a local planning authority shall be required to consider representations or objections with respect to a unitary development plan or any proposals for the alteration or replacement of such a plan if it appears to the Secretary of State or the authority, as the case may be, that those representations or objections are in substance representations or objections with respect to things done or proposed to be done in pursuance of—

• (a) an order or scheme under section 10, 14, 16, 18, 106(1) or (3) or 108(1) of the Highways Act 1980 ;

• (b) an order or scheme under any provision replaced by the provisions mentioned in paragraph (a) above, namely, an order or scheme under section 7, 9, 11, 13 or 20 of the Highways Act 1959, section 3 of the Highways (Miscellaneous Provisions) Act 1961 or section 1 or 10 of the Highways Act 1971; or

• (c) an order under section 1 of the New Towns Act 1981.

Joint unitary development plans

12

• (1) A joint unitary development plan may be prepared by two or more local planning authorities in Greater London or by two or more local planning authorities in a metropolitan county; and the foregoing provisions of this Part of this Schedule shall, in relation to any such joint plan, have effect subject to the following provisions of this paragraph.

• (2) The local planning authorities shall jointly take such steps as will in their opinion secure—

• (a) that adequate publicity is given in their areas to the matters proposed to be included in the plan ;

• (b) that persons who may be expected to desire an opportunity of making representations to any of the authorities are made aware that they are entitled to an opportunity of doing so ; and

• (c) that such persons are given an adequate opportunity of making such representations ;

and the authorities shall consider any representations made to them within the prescribed period.

• (3) Sub-paragraph (1) of paragraph 3 above shall not apply in relation to a joint unitary development plan and references in subparagraphs (3) and (4) of that paragraph and in paragraph 4(3) above to sub-paragraph (1) of paragraph 3 and the purposes of paragraphs (a) to (c) of that sub-paragraph shall include references to sub-paragraph (2) above and the purposes of paragraphs (a) to (c) of that sub-paragraph.

• (4) Each of the local planning authorities by whom a joint unitary development plan is prepared shall have the duty imposed by sub-paragraph (2) of paragraph 3 above of making copies of the plan available for inspection, and objections to the plan may be made to any of those authorities and the statement required by that sub-paragraph to accompany copies of the plan shall state that objections may be so made.

• (5) It shall be for each of the local planning authorities by whom a joint unitary development plan is prepared to adopt the plan under paragraph 5(1) above and they may do so as respects any part of their area to which the plan relates, but any modifications subject to which the plan is adopted must have the agreement of all those authorities.

• (6) Where a unitary development plan has been prepared jointly the power of making proposals in respect of the plan under paragraph 10 above may be exercised as respects their respective areas by any of the authorities by whom it was prepared and the Secretary of State may under that paragraph direct any of them to make proposals as respects their respective areas.

• (7) In relation to any proposals made jointly under paragraph 10 above the reference in sub-paragraph (2) of that paragraph to paragraphs 2 to 9 above shall include a reference to sub-paragraph (2) above.

• (8) The date of the coming into operation of a unitary development plan prepared jointly by two or more local planning authorities or for the alteration or replacement of such a plan in pursuance of proposals so prepared shall be a date jointly agreed by those authorities.

Default powers

13

• (1) Where, by virtue of any of the foregoing provisions of this Part of this Schedule, any unitary development plan or proposals for the alteration or replacement of such a plan are required to be prepared, or steps are required to be taken for the adoption of any such plan or proposals, then—

• (a) if at any time the Secretary of State is satisfied, after holding a local inquiry or other hearing, that the local planning authority are not taking the steps necessary to enable them to prepare or adopt such a plan or proposals within a reasonable period; or

• (b) in a case where a period is specified for the preparation or adoption of any such plan or proposals if no such plan or proposals have been prepared or adopted within that period,

the Secretary of State may prepare and make the plan or any part of it or, as the case may be, alter or replace it, as he thinks fit.

• (2) Where under this paragraph anything which ought to have been done by a local planning authority is done by the Secretary of State, the foregoing provisions of this Part of this Schedule shall, so far as practicable, apply with any necessary modifications in relation to the doing of that thing by the Secretary of State and the thing so done.

• (3) Where the Secretary of State incurs expenses under this paragraph in connection with the doing of anything which should have been done by a local planning authority, so much of those expenses as may be certified by the Secretary of State to have been incurred in the performance of functions of that authority shall on demand be repaid by that authority to the Secretary of State.

Regulations and directions

14

• (1) Without prejudice to the foregoing provisions of this Part of this Schedule, the Secretary of State may make regulations with respect to the form and content of unitary development plans and with respect to the procedure to be followed in connection with their preparation, withdrawal, adoption, submission, approval, making, alteration or replacement; and such regulations may in particular—

• (a) provide for publicity to be given to the results of any review or survey carried out under paragraph 1 above ;

• (b) provide for the notice to be given of, or the publicity to be given to, matters included or proposed to be included in any unitary development plan, and the approval, adoption or making of any such plan or any alteration or replacement of it or to any other prescribed procedural step, and for publicity to be given to the procedure to be followed as aforesaid;

• (c) make provision with respect to the making and consideration of representations with respect to matters to be included in, or objections to, any such plan or proposals for its alteration or replacement;

• (d) without prejudice to paragraph (b) above, provide for notice to be given to particular persons of the approval, adoption, alteration or replacement of any plan if they have objected to the plan and have notified the local planning authority of their wish to receive notice, subject (if the regulations so provide) to the payment of a reasonable charge;

• (e) require or authorise a local planning authority to consult with, or consider the views of, other persons before taking any prescribed procedural step ;

• (f) require a local planning authority, in such cases as may be prescribed or in such particular cases as the Secretary of State may direct, to provide persons making a request in that behalf with copies of any plan or document which has been made public for the purpose mentioned in paragraphs 3(1)(a) or 12(2)(a) above or has been made available for inspection under paragraph 3(2) above, subject (if the regulations so provide) to the payment of a reasonable charge;

• (g) provide for the publication and inspection of any unitary development plan which has been adopted, approved or made or any document approved, adopted or made altering or replacing any such plan, and for copies of any such plan or document to be made available on sale.

• (2) Regulations under this paragraph may make different provision for different cases.

• (3) Subject to the foregoing provisions of this Part of this Schedule and to any regulations under this paragraph, the Secretary of State may give directions to any local planning authority or to local planning authorities generally.—

• (a) for formulating the procedure for the carrying out of their functions under this Part of this Schedule ;

• (b) for requiring them to give him such information as he may require for carrying out any of his functions under this Part of this Schedule.

Meaning of " development plan " in Greater London and metropolitan counties

15

• (1) For the purposes of the Town and Country Planning Act 1971, any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Highways Act 1980, the development plan for any district in Greater London or a metropolitan county (whether the whole or part of the area of a local planning authority) shall be taken as consisting of—

• (a) the provisions of the unitary development plan for the time being in force for that area or the relevant part of it, together with a copy of the local planning authority's resolution of adoption or the Secretary of State's notice of approval or, where part of the plan has been adopted and the remainder approved, copies of the resolution and the notice; and

• (b) any alteration to that plan, together with a copy of the authority's resolution of adoption, or the Secretary of State's notice of approval, of the alteration or, where part of the alteration has been adopted and the remainder approved, copies of the resolution and the notice.

Consequential amendments

16

• (1) In section 192(1) of the Town and Country Planning Act 1971 after paragraph (b) there shall be inserted—

(bb) is land indicated in a unitary development plan in force for the district in which it is situated either as land which may be required for the purpose of any such functions or as land which may be included in an action area ; or (bc) is land which by a unitary development plan is allocated for the purposes, or defined as the site, of proposed development! for any such functions ;

.

• (2) In section 194(2X 0 of that Act after the words "paragraph (a) " there shall be inserted the words " or (bb)" .

• (3) In section 242(1)(a) of that Act for the words " a local plan " there shall be substituted the words " , local plan or unitary development plan" .

• (4) After section 244(5) of that Act there shall be inserted—

(6) Subsections (1) and (2) of this section shall apply to a unitary development plan as they apply to a structure plan or local plan as if references to Part II of this Act and section 18(1) of this Act were references to Part I of Schedule 1 to the Local Government Act 1985 and paragraph 14 of that Schedule.

• (5) In section 255(2)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or of a unitary development plan under Part I of Schedule 1 to the Local Government Act 1985" .

• (6) In section 266(1)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or Part I of Schedule 1 to the Local Government Act 1985" .

• (7) In section 280(1)(a) of that Act after the words " Part II of this Act" there shall be inserted the words " or a unitary development plan relating to the land under Part I of Schedule 1 to the Local Government Act 1985" .

• (8) In section 290(1) of that Act, in the definition of " development plan " after the words " section 20 of this Act" there shall be inserted the words " and paragraph 15 of Schedule 1 to the Local Government Act 1985" .

17

• (1) In paragraphs (bb) and (bc) of section 192(1) of the Town and Country Planning Act 1971 the references to a unitary development plan shall include references to—

• (a) a unitary development plan of which copies have been made available for inspection under paragraph 3(2) above ;

• (b) proposals for the alteration or replacement of a unitary development plan of which copies have been made available for inspection under that provision as applied by paragraph 10(2) above ; and

• (c) modifications proposed to be made by the local planning authority or the Secretary of State to any such plan or proposals as are mentioned in paragraph (a) or (b) above, being modifications of which notice has been given in accordance with regulations under Part I of this Schedule.

• (2) No blight notice shall be served by virtue of this paragraph at any time after the copies of the plan or proposals made available for inspection have been withdrawn under paragraph 3(5) or 4(2) above but paragraph 4(4) above shall not invalidate any blight notice served by virtue of this paragraph before the withdrawal of copies of the plan or proposals.

• (3) No blight notice shall be served by virtue of this paragraph after the relevant plan or alterations have come into force (whether in their original form or with modifications) or the local planning authority have decided to abandon, or the Secretary of State has decided to reject, the plan or alterations and notice of the decision has been given by advertisement.

• (4) Section 68(6) of the Land Compensation Act 1973 (right to serve substituted counter-notice where the relevant plan or alterations come into force) shall apply also to a blight notice served by virtue of this paragraph.

• (5) References in sub-paragraph (1) above to anything done under the provisions there mentioned include references to anything done under those provisions as they apply by virtue of paragraph 13(2) above.

• (6) In relation to land falling within the said section 192(1) by virtue of this paragraph "the appropriate enactment" for the purposes of sections 192 to 207 of the said Act of 1971 shall be determined in accordance with subsection (2) of section 206 of that Act as if references in that subsection to the development plan were references to such plan, proposals or modifications as are mentioned in sub-paragraph ((1)(a)). (b) or (c) above.

PART II — Transitional Provisions

Continuation of structure plans, local plans and old development plans

18

• (1) Subject to paragraphs 19 and 20 below—

• (a) the structure plan,

• (b) any local plan ; and

• (c) any old development plan,

which at the abolition date is in force in the area of a local planning authority in Greater London or a metropolitan county (or in that and other areas) shall continue in force in respect of the area of that authority until a unitary development plan for that area becomes operative under Part I of this Schedule or, where parts of a unitary development plan become operative on different dates, until every part of it has become operative.

• (2) A plan which continues in force by virtue of this paragraph shall, while it continues in force, be treated for the purposes of the Town and Country Planning Act 1971, any other enactment relating to town and country planning, the Land Compensation Act 1961 and the Highways Act 1980 as being, or being comprised in, the development plan in respect of the area in question.

• (3) In this paragraph " structure plan" , in relation to Greater London, means the Greater London Development Plan and " old development plan " means any plan which is in force in the area in question on the abolition date by virtue of Schedule 7 to the said Act of 1971.

Revocation of structure plan

19

• (1) Where under Part I of this Schedule the Secretary of State approves all or any of Part I of a unitary development plan he may by order—

• (a) wholly or partly revoke a structure plan continued in force by paragraph 18 above, either in its application to the whole of the area of a local planning authority or in its application to part of that area; and

• (b) make such consequential amendments to that plan as appear to him to be necessary or expedient.

• (2) Before making an order under this paragraph the Secretary of State shall consult the local planning authority for the area to which the unitary development plan relates.

Local plans between abolition date and coming into force of Part I of this Schedule

20

• (1) This paragraph has effect with respect to the application of Part II of the said Act of 1971 in relation to the area of a local planning authority in Greater London or a metropolitan county between the abolition date and the coming into force in that area of Part I of this Schedule.

• (2) The said Part II shall not apply except for sections 6 and 21(3), paragraph 2 of Schedule 4 and the provisions relating to the preparation, alteration, repeal or replacement of local plans by local planning authorities which are London borough councils or metropolitan district councils and, in respect of those matters, those provisions shall not include—

• (a) sections 12(1A) and 14(5) to (7) and any other provision referring to those provisions ; and

• (b) section 15A.

• (3) In section 15(1) and (2) the reference to a local plan adopted by a local planning authority shall—

• (a) in the case of a local planning authority which is a London borough council, include a local plan adopted by the Greater London Council and in force in respect of the area of that authority on the abolition date ;

• (b) in the case of a local planning authority which is a metropolitan district council, include a local plan adopted by the metropolitan county council and in force in the area of that authority on that date.

• (4) On the coming into force in any area of Part I of this Schedule, any local plan or proposal for the alteration, repeal or replacement of a local plan which—

• (a) has been prepared by a London borough council or metropolitan district council (or by such a council jointly with one or more other such councils) ; but

• (b) has not been adopted or approved,

shall be treated as having been abandoned by that council or those councils.

Incorporation of current local plan in unitary development plan

21

• (1) A unitary development plan shall include any local plan which is in force in respect of the area in question at the time when the unitary development plan is prepared but subject to such alterations, if any, as may be specified in Part II of the unitary development plan ; and a unitary development plan shall as respects any such local plan indicate the extent, if any, to which it is subject to alteration in accordance with Part II of the unitary development plan.

• (2) This paragraph shall not be construed as enabling any objections to be made to any part of a unitary development plan which consists of provisions of a local plan that are not subject to alterations as aforesaid.

Publicity in connection with local plan

22

In determining the steps to be taken by a local planning authority or local planning authorities to secure the purposes of paragraph 3(1)(a) to (c) or paragraph 12(2)(a) to (c) above in relation to proposals made in respect of a unitary development plan, the authority or authorities may under those provisions, and the Secretary of State may under paragraph 3(4) above, take into account any steps taken by the authority or authorities to secure those purposes in relation to the same or similar proposals made in respect of a local plan.

Pending proposals by GLC or metropolitan county council

23

• (1) Any proposals for the alteration, or for the repeal and replacement, of a structure plan which have been prepared by the Greater London Council or a metropolitan county council before the abolition date but have not been approved by the Secretary of State shall be treated as having been withdrawn by that council.

• (2) Subject to sub-paragraph (3) below, any local plan or proposal for the alteration, repeal or replacement of a local plan which has been prepared by the Greater London Council or a metropolitan county council before the abolition date but has not been adopted or approved shall be treated as having been abandoned by that council.

• (3) Where before the abolition date the Secretary of State has directed that any local plan or any such proposals as are mentioned in sub-paragraph (2) above shall not have effect unless approved by him, he shall continue to consider the plan or the proposals and give his decision thereon as if the plan or proposals had been prepared and submitted by the London borough or metropolitan district council whose area is affected by the plan or proposals or, where the areas of two or more such councils are affected, as if the plan or proposals had been a joint plan or joint proposals prepared by those councils.

• (4) In the case of any such local plan or proposals as are mentioned in sub-paragraph (2) above the grounds on which the Secretary of State may give such a direction as is mentioned in sub-paragraph (3) above shall include the ground that he considers it desirable that the plan or proposals should, instead of being treated as abandoned, be dealt with by him in accordance with sub-paragraph (3) above.

SCHEDULE 2

Listed buildings and conservation areas

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ancient monuments

2

• (1) The Ancient Monuments and Archaeological Areas Act 1979 shall be amended as follows.

• (2) In section 33—

• (a) after subsection (2) there shall be inserted—

(2A) The Commission may from time to time by order designate as an area of archaeological importance any area in Greater London which appears to them to merit treatment as such for the purposes of this Act.

; and

• (b) in subsection (3), after the words “local authority”, there shall be inserted the words “or by the Commission”.

• (3) At the end of section 34(3) there shall be inserted the words “; and, if the area is wholly or partly situated in Greater London, he shall also notify the Commission.”

• (4) In Schedule 2, at the end of paragraph 15, there shall be inserted—

(15A) Paragraphs 8, 9, 10 to 13, 14(a) and (b) and 15 above shall have effect in relation to a designation order made by the Commission as if— (a) in paragraphs 8(1), 12, 13 and 15 the references to a local authority were a reference to the Commission; (b) in paragraphs 9 and 14 the first reference to a local authority were a reference to the Commission, and the word “other” were omitted; and (c) in paragraph 11— (i) in sub-paragraph (a) the words in brackets were omitted; and (ii) in sub-paragraph (b) the reference to the local authority proposing to make the order were a reference to the Commission, and the word “other” were omitted.

Other functions

3

• (1) The Historic Buildings and Monuments Commission for England (in this paragraph and paragraph 4 below referred to as “the Commission”) may—

• (a) acquire by agreement any building or place of historical or architectural interest in Greater London;

• (b) undertake, or contribute towards, the cost of preserving, maintaining and managing any such building or place;

• (c) acquire by agreement any work of art;

• (d) agree with any person for the production by that person of a work of art for acquisition by the Commission;

• (e) erect and maintain, or contribute towards the provision, erection and maintenance of, any work of art in any place in Greater London.

• (2) For the purpose of providing for the accommodation, exhibition and preservation of works of art or objects of historical, antiquarian or other public interest which may for the time being be in the possession of the Commission by virtue of any gift, loan or discovery, or by virtue of this Act, the Commission may adapt, furnish and maintain any premises given to and for the time being vested in it for the purposes of this sub-paragraph.

• (3) The Commission may let any building vested in it for the purposes of sub-paragraph (2) above on such terms and conditions as to payment or otherwise as it thinks fit and may make charges for admission to any such building which may for the time being be under its management and control.

• (4) The Commission may in the case of any building in Greater London cause investigations to be made, and information to be published, with respect to the history of the building.

4

The Commission may in any area in England, and a London borough council may in its borough—

• (a) provide; and

• (b) on any conspicuous part of a house, building or place, with the consent of its owner, erect,

a commemorative plaque, tablet or sign indicating an event or matter of public interest in connection with the house, building or place or its site, and may in that area, with the like consent, maintain any such plaque, tablet or sign erected by it or by any other person or body, whether before or after the passing of this Act.

SCHEDULE 3

Byelaws for country parks etc.

1

The land in respect of which a metropolitan district council, London borough council or the Common Council may make byelaws under section 41 of the Countryside Act 1968 shall include any land in the area of the council in respect of which byelaws have been, or could have been, made under that section before the abolition date by a metropolitan county council or the Greater London Council.

Joint planning boards for National Parks

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Functions of local planning authorities in National Parks

3

• (1) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) In section 184(1) of that Act after the words “elsewhere than” there shall be inserted the words “in the metropolitan counties,”.

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

• (1) Schedule 17 to the said Act of 1972 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) Paragraph 35 shall have effect in relation to any area—

• (a) which is in a metropolitan district; and

• (b) to which subsections (1) and (2) of section 61 of the National Parks and Access to the Countryside Act 1949 do not apply at the abolition date by virtue of subsection (3) of that section, as if the reference to the county council were a reference to the council of that metropolitan district.

Grants for expenditure on National Parks

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Other powers relating to nature conservation, the countryside and the National Parks

7

• (1) The Wildlife and Countryside Act 1981 shall be amended as follows.

• (2) In section 34(6) for the definition of “the relevant authority” there shall be substituted—

“the relevant authority” means— (a) in relation to a non-metropolitan county, the county planning authority and, in relation to any other area in England, the local planning authority; (b) in relation to Scotland, the authority exercising district planning functions.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) In sections . . . 43, . . . and 51(2)(c) for the words “county planning authority”, wherever they occur, there shall be substituted the words “local planning authority”.

• (5) In section 52(2) for the words from the beginning to the end of paragraph (b) there shall be substituted the words

In the application of this Part to England (except as respects a metropolitan county or Greater London) and to Wales references to a local planning authority shall be construed— (a) in sections 42, 43, 44 and 51(2)(c) as references to a county planning authority; and (b) in any other provision, as references to a county planning authority and a district planning authority;

• (6) In section 66(1) for the definition of “surveying authority” there shall be substituted—

“surveying authority”, in relation to any area, means the county council, metropolitan district council or London borough council whose area includes that area.

• (7) In section 72(10) after the words “a county council” there shall be inserted the words “or metropolitan district council”.

• (8) In the definition of “local authority” in paragraph 5(1) of Schedule 14 and paragraph 13(2) of Schedule 15 for the words “a district council, the Greater London Council” there shall be substituted the words “a non-metropolitan district council”.

SCHEDULE 4

Part I — Amendments of the Highways Act 1980

1

In section 1—

• (a) in subsection (2), after the word “county” in the first place where it occurs, there shall be inserted the words “or metropolitan district”, and after that word in the second place where it occurs there shall be inserted the words “or, as the case may be, the district”;

• (b) in subsection (3) for the words from the beginning to “the council” there shall be substituted the words “The council”; and

• (c) in subsection (4), after the word “county”, there shall be inserted the words “or, as the case may be, the metropolitan district”.

2

In section 2, in paragraph (a), after the word “county”, there shall be inserted the words “or metropolitan district”, and in paragraph (b) for the words from “the” in the second place where it occurs to the end of the paragraph there shall be substituted the words “the council of the borough,”.

3

In section 4(3), before the word “district”, there shall be inserted the word “non-metropolitan”.

4

In section 6—

• (a) in subsection (1)—

• (i) for the words “the Greater London Council” there shall be substituted the words “a metropolitan district council”; and

• (ii) the words after “below” shall be omitted;

• (b) after that subsection there shall be inserted—

(1A) The Minister shall not delegate functions to a council under subsection (1) above— (a) with respect to a trunk road or land outside their area but within a non-metropolitan county or London borough, except with the consent of the council of that county or borough; (b) with respect to a trunk road or land outside their area but within a metropolitan district except after consultation with the council of that district.

• (c) in subsection (5) for the words “the Greater London Council” there shall be substituted the words “a metropolitan district council”;

• (d) in subsection (6) the words after “arrangements” in the third place where it occurs shall be omitted; and

• (e) after that subsection there shall be inserted—

(6A) No arrangements shall be entered into under subsection (6) above for the carrying out by a district council of any functions— (a) with respect to a trunk road or land outside their area but within a non-metropolitan district, except with the consent of the council of the non-metropolitan district; (b) with respect to a trunk road or land outside their area but within a metropolitan district, except after consultation with the council of the metropolitan district.

5

At the end of section 8(4) there shall be inserted “; and the council of a metropolitan district may not enter into an agreement under this section with the council of another metropolitan district or of a county unless the districts are in the same county or in counties which adjoin each other or, as the case may be, the county in which the district is situated and the other county adjoin each other.”.

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

In sections 31(7), 36(6), 40, 172(1), 188(1), 190(1), 191(1) and (3), 192(1) and (3), 193(1) and (2), 194(1) and (2), 195(3), 197(2) and (3), 198, 199 and 200(2) and (3), after the word “county”, there shall be inserted the words “, metropolitan district”.

8

In section 34, after the words “county council,” there shall be inserted the words “a metropolitan district council,”.

9

In section 35, in subsections (1)(a) and (b) and 3(d) and (e) before the word “district”, and in subsection (7) before the word “district” in the first two places where it occurs, there shall be inserted the word “non-metropolitan”.

10

In section 39, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

11

In section 42(1) and (3), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

12

In section 43(2), before the word “district”, there shall be inserted the word “non-metropolitan”.

13

In section 45—

• (a) in subsections (4) and (6) for the word “county” there shall be substituted the words “non-metropolitan county, metropolitan district”;

• (b) in subsections (7) and (8) for the word “county” there shall be substituted the words “non-metropolitan county or metropolitan district”; and

• (c) in subsection (12), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

14

In section 50, in subsection (2), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

15

In section 61, before the word “district” in each place where it occurs there shall be inserted the word “non-metropolitan”.

16

In section 64(5) for the words “subsections (1) to (4)” there shall be substituted the words “subsections (1) to (3)”.

17

In section 66(6), after the word “county” in both places where it occurs, there shall be inserted the words “or metropolitan district”.

18

In section 79(3), before the word “district” there shall be inserted the word “non-metropolitan”.

19

In sections 80(4), 195(1)(b), 254(2)(b) and 271(1)(ii) and paragraph 1 of Schedule 15 after the word “county”, there shall be inserted the words “or metropolitan district”.

20

In section 95(1), in paragraph (a), after the word “county”, there shall be inserted the words “or metropolitan district”, and in paragraph (c) for the words “any other” there shall be substituted the word “a”.

21

At the end of section 100(6) there shall be inserted “; and where the highway authority are a metropolitan district council they shall, before so exercising any powers under that Act, give such notice to the water authority within whose area the powers are proposed to be exercised.”.

22

In section 114(1), (3) and (4), after the words “county council” there shall be inserted the words “or metropolitan district council”.

23

In section 115H, in subsection (1) for the words “subsections (2) and (3)” there shall be substituted the words “subsection (3)”; and in subsection (3) for the words from the beginning to “as” there shall be substituted

Subsection (1) above shall have effect in relation to a highway— (a) to which this Part of this Act applies; and (b) in relation to which there is no pedestrian planning order in force, as

24

In section 116—

• (a) in subsection (1) for the word “appropriate” there shall be substituted the word “highway”; and

• (b) for paragraph (a) of subsection (3) there shall be substituted—

(a) if the highway is in a non-metropolitan district, the council of that district; and

25

In sections . . . 143(1)(a), 146(2)(a) and (5)(b), 147(1)(a), . . . and 175, before the word “district”, there shall be inserted the word “non-metropolitan”.

26

In section 151(1)(a) for the words after “also” there shall be substituted the words “, if the street is situated in a non-metropolitan district, the council of that district; and”.

27

In section 154(1)(b) for the words after “also” there shall be substituted the words “, if the highway is situated in a non-metropolitan district, the council of that district;”.

28

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

29

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

30

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

31

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

32

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

33

In section 203(3) in the definition of “street works authority” after the word “county”, there shall be inserted the words “or metropolitan district”.

34

In sections 205(5) and 210(2) for the words after “also” there shall be substituted the words “, in the case of a street situated in a non-metropolitan district, at the offices of the council of that district.”.

35

In sections 220(2) and 223(6), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

36

In section 230(7), after the word “concerned”, there shall be inserted the words “is situated in a non-metropolitan district and”.

37

In section 263(5), before the word “district” in the first place where it occurs, there shall be inserted the word “non-metropolitan”.

38

In section 264—

• (a) in subsection (1), after the word “county” in both places where it occurs, there shall be inserted the words “or metropolitan district”;

• (b) for subsection (2) there shall be substituted—

(2) The drains belonging to a highway— (a) which immediately before the date of the abolition of the Greater London Council under the Local Government Act 1985 was a metropolitan road; and (b) which did not become a trunk road on that date by virtue of an order made under paragraph 53 of Schedule 4 to that Act, vest in the council of the London borough in which the highway is situated or, if it is situated in the City in the Common Council, and where any other drain or sewer was, at the date when the highway became a metropolitan road, used for any purpose in connection with the drainage of that highway, that council shall have the right of using the drain or sewer for that purpose.

• (c) in subsection (3)—

• (i) in paragraph (a), before the word “district”, there shall be inserted the word “non-metropolitan”;

• (ii) in paragraph (c) for the words “or the Greater London Council” there shall be substituted the words “, metropolitan district council or London borough council or the Common Council”.

39

In section 285—

• (a) in subsection (1) for the words from “either” to “are” in the first place where it occurs there shall be substituted the words “the Minister of Transport, after consultation with the highway authority, is”, and in paragraph (b) of that subsection for the word “are” in both places where it occurs there shall be substituted the word “is”;

• (b) in subsection (4) for the words “or the Council execute or propose” there shall be substituted the words “executes or proposes”;

• (c) in subsection (5) for the words “or the Council execute” there shall be substituted the word “executes”; and

• (d) in subsection (6) for the words “or the Council proceed” there shall be substituted the word “proceeds”.

40

In section 298(1), before the word “district”, there shall be inserted the word “non-metropolitan”.

41

In section 330(1), after the words “county council” in both places where they occur, there shall be inserted the words “or metropolitan district council”.

42

In paragraph 1 of Schedule 7, before the words “district council”, there shall be inserted the word “non-metropolitan”.

43

In paragraph 1(d) of Schedule 12 for the words from “road” to “is” there shall be substituted the words “road in a non-metropolitan district, to the district council, and if the highway is a classified road”.

44

In paragraph 1 of Schedule 23 for the words “they have” there shall be substituted the words “it has”.

Part II — Amendments of Other Enactments

45

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

46

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

47

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

48

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

49

In section 5(1) of the Parish Councils Act 1957, in the second column of the Table, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

50

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

51

In section 19(1) of the Land Compensation Act 1973—

• (a) at the end of paragraph (a) of the definition of “the appropriate highway authority”, there shall be inserted the words “or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of the Local Government Act 1985”; and

• (b) at the end of paragraph (b) of that definition, there shall be inserted the words “or any other authority to which the functions of that authority in relation to that highway are transferred by virtue of that Act”.

Part III — Supplementary Provisions

52

Where by virtue of this Act the functions of a highway authority are transferred to other highway authorities any rights of the transferor authority under section 82(2) of the Public Health Act 1961 shall become rights of each of the transferee authorities affected by the local Act in question.

53

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

54

• (1) Where a bridge carries a highway for which the Secretary of State is not the highway authority and part of the bridge is situated in one metropolitan district and part in another in the same county, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those districts as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.

• (2) Where a bridge carries a highway to which this sub-paragraph applies and part of the bridge is situated in one London borough and part in another, the highway authority for the highway carried by the bridge and the approaches to it is such one of the councils of those boroughs as may be agreed between them before such a day as the Secretary of State may by order appoint or, in default of such agreement, as may be determined by the Secretary of State.

• (3) Sub-paragraph (2) above applies to a highway which—

• (a) immediately before the abolition date is a metropolitan road; and

• (b) does not on that date become a trunk road by virtue of an order under paragraph 53(2) above.

• (4) Where the Secretary of State has made a determination under sub-paragraph (1) or (2) above, the determination—

• (a) may be varied at the request of either of the councils concerned; and

• (b) shall be varied to give effect to any request made jointly to the Secretary of State by both those councils;

and any such variation shall take effect on the 1st April falling not less than 3 months, and not more than 15 months, after the date on which the determination is varied.

• (5) In sub-paragraph (2) above references to a London borough include references to the City and references to the council of a London borough include references to the Common Council; and in sub-paragraph (4) above references to councils shall be construed accordingly.

• (6) Without prejudice to section 3(3) of the Highways Act 1980, where a bridge carries a highway for which the Secretary of State is not the highway authority and sub-paragraphs (1) and (2) above do not apply, but some part of one or more of the approaches to the bridge lies in a metropolitan district or London borough different from that in which the bridge itself is situated, the highway authority for the whole of that approach or those approaches is the council of the metropolitan district or London borough in which the bridge is situated.

• (7) For the purposes of this paragraph, the approaches to a bridge consist of so much of the highway or highways on either side of the bridge as is situated within 100 yards of either end of the bridge.

55

In the foregoing provisions of this Part of this Schedule “bridge”, “highway”, “proposed highway” and “trunk road” have the same meaning as in the Highways Act 1980 and “metropolitan road” has the meaning which, but for the provisions of this Act, it would continue to have in that Act.

56

• (1) Subject to the following provisions of this paragraph—

• (a) any agreement made between the Secretary of State or the Minister of Transport and a metropolitan county council under subsection (1) or (5) of section 6 of the Highways Act 1980, and

• (b) any arrangements made by a metropolitan county council with a district council under subsection (6) of that section,

shall, if subsisting immediately before the abolition date, cease to have effect on that date; and where any such agreement ceases to have effect under this sub-paragraph anything done before the abolition date by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to the Secretary of State.

• (2) Subject to sub-paragraph (4) below, the Secretary of State may by order provide that any such agreement specified in the order shall have effect as from the abolition date as an agreement between the Secretary of State and a metropolitan district council or non-metropolitan county council specified in the order (a “successor council”) or as two or more separate agreements, each being between the Secretary of State and a successor council.

• (3) An order under this paragraph in respect of an agreement may—

• (a) provide that anything done by or in relation to the metropolitan county council in respect of the agreement shall have effect as if done by or in relation to any successor council or councils;

• (b) modify or exclude any term of the agreement in relation to any successor council or councils;

• (c) make provision in respect of any arrangements made by the metropolitan county council under section 6(6) of the said Act of 1980 in relation to the agreement;

• (d) include such other incidental, consequential, transitional or supplementary provision as appear to the Secretary of State to be necessary or expedient.

• (4) All rights of a metropolitan county council arising from or in connection with any such agreement as is mentioned in sub-paragraph (1) above to receive payments from the Secretary of State and all liabilities of such a council arising as aforesaid to make payments to him (being rights and liabilities attributable to anything done or omitted under or in respect of any such agreement before the abolition date) shall be transferred on that date to the appropriate residuary body; and accordingly as from that date any such agreement shall have effect as respects such rights and liabilities as an agreement between the Secretary of State and the appropriate residuary body.

57

The Secretary of State may by order provide that any agreement specified in the order and made before the abolition date between him and a metropolitan county council in pursuance of regulation 14 of the Noise Insulation Regulations 1975 (local authorities as agents of highway authorities) shall cease to have effect on that date.

SCHEDULE 5

Part I — Amendments of Enactments

The Chronically Sick and Disabled Persons Act 1970

1

In section 21(8) of the Chronically Sick and Disabled Persons Act 1970, after the word “county”, there shall be inserted the words “or metropolitan district”.

The Road Traffic Act 1972

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The Public Passenger Vehicles Act 1981

3

• (1) The Public Passenger Vehicles Act 1981 shall be amended as follows.

• (2) In section 5(3)(b) for the words “and Wales county councils and the Greater London Council” there shall be substituted the words “non-metropolitan county councils, in Wales county councils”.

• (3) For section 31(4)(a) there shall be substituted—

(a) in metropolitan counties, metropolitan county passenger transport authorities;

• (4) In section 38(8), in the definition of “local authority”, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

• (5) In section 40(2)(c)(i), before the word “district”, there shall be inserted the word “non-metropolitan”.

• (6) In section 47(7) in the definition of “local authority”, for the words “a county council or the Greater London Council” there shall be substituted the words “the council of a county, metropolitan district or London borough and the Common Council of the City of London”.

• (7) In Schedule 1, in paragraph 2(2)(a), for the words “the Greater London Council or a county council” there shall be substituted the words “the council of a county, metropolitan district or London borough and the Common Council of the City of London”.

• (8) In Schedule 4, in paragraphs 2(1)(b) and 4(b), before the word “district” there shall be inserted the word “non-metropolitan”.

The Road Traffic Regulation Act 1984

4

• (1) The Road Traffic Regulation Act 1984 shall be amended as follows.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In section 6—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) for subsection (3)(a) there shall be substituted—

(a) to the whole area of a local authority, or to particular parts of that area, or to particular places or streets or parts of streets in that area;

.

• (4) In section 9(5) for the words “the Greater London Council” there shall be substituted the words “a London borough council or the Common Council of the City of London”; and for the words “the Council” in each place where they occur there shall be substituted the words “the council”.

• (5) In section 10(5) for the words “the Greater London Council” there shall be substituted the words “a London borough council or the Common Council of the City of London”; and for the words “that Council” there shall be substituted the words “that council”.

• (6) In section 12—

• (a) in subsection (1) for the words “the Greater London Council” and “that Council” there shall be substituted the words “the local authority” and “that authority” respectively;

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (c) in subsection (3) for the words “the Council’s” and “the Council” there shall be substituted the words “the local authority’s” and “the authority” respectively;

• (d) in subsection (6) for the words “the Greater London Council” there shall be substituted the words “the local authority”; and

• (e) for subsection (10) there shall be substituted—

(10) In this section— - “the commissioner of police”, in relation to the metropolitan police district, means the commissioner of police of the metropolis and, in relation to the City of London, means the commissioner of police for the City of London; and - “local authority” means the council of a London borough or the Common Council of the City of London.

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (9) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (10) In section 26—

• (a) in subsection (2)(a), after the word “county”, there shall be inserted the words “or metropolitan district”;

• (b) in subsection (4)(a), after the word “county” in the first place where it occurs there shall be inserted the words “or metropolitan district”, and for the words “or in the” there shall be substituted the words “, metropolitan district or”; and

• (c) in subsection (5)(a) for the words “as respects places in the county” there shall be substituted the words “or metropolitan district as respects places in the county or district”.

• (11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (13) In section 31(2) for the words after “confirmation” there shall be substituted the words “by the Secretary of State”.

• (14) In section 36(3), before the word “district”, there shall be inserted the word “non-metropolitan”.

• (15) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (16) In section 39—

• (a) in subsection (3), after the words “district council”, there shall be inserted the words “, other than a metropolitan district council,”;

• (b) in subsection (4)—

• (i) after “32” there shall be inserted “or 35”;

• (ii) before the word “district” in the second place where it occurs there shall be inserted the word “non-metropolitan”; and

• (iii) the words “or Wales” shall be omitted; and

• (c) in subsection (6), after the words “district council” in the first place where they occur, there shall be inserted the words “, other than a metropolitan district council,”.

• (17) In section 43—

• (a) in subsection (1) for the words “the Council”, in both places where they occur, there shall be substituted the words “the local authority”;

• (b) in subsection (6) for the words “the Council” there shall be substituted the words “a local authority”, and the words “comprised within the area of a particular local authority” in paragraph (a) and the words after paragraph (c) shall be omitted;

• (c) in subsection (13) for the words “the Council” there shall be substituted the words “the local authority”;

• (d) in subsection (14) the definitions of “the Common Council” and “the Council” shall be omitted, and for the definition of “local authority” there shall be substituted—

“local authority” means the council of a London borough or the Common Council of the City of London;

; and

• (e) in subsection (15) for the words “the Council” there shall be substituted the words “a local authority”, and after the word “designated” there shall be inserted the words “by the local authority”.

• (18) In section 44—

• (a) in subsection (1) for paragraph (a) there shall be substituted—

(a) in English counties, by the county council or metropolitan district council, and in Welsh counties, by the county council; and

• (b) in subsection (3) for paragraph (b) there shall be substituted—

(b) may in relation to non-metropolitan counties in England and counties in Wales provide for certain functions of local authorities under the London provisions in respect of areas designated as controlled areas to be conferred on district councils or on both county councils and district councils, and may in consequence of any such distribution of functions make such incidental and supplementary provision as appears to Her Majesty to be necessary or expedient;

• (19) In section 45—

• (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (b) in subsection (7)(a), after the word “county”, there shall be inserted the words “, metropolitan district”.

• (20) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (21) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (22) In section 55(4)(c) for the words “any county council, to the Greater London Council” there shall be substituted the words “the council of any county, metropolitan district or London borough or to the Common Council of the City of London”.

• (23) In section 58(1), in the second column of the Table, after the words “county council”, there shall be inserted the words “or metropolitan district council”.

• (24) In section 59—

• (a) in subsection (1), after the word “county” in the first place where it occurs there shall be inserted the words “or metropolitan district”, and after the words “county council” there shall be inserted the words “or metropolitan district council”.

• (b) in subsection (2)—

• (i) in paragraph (a), after the words “the county council” in the first place where they occur, there shall be inserted the words “or metropolitan district council”, and for the words “the county council” in the second place where they occur there shall be substituted the words “that council”;

• (ii) in paragraph (b) for the words “send a copy of that application” there shall be substituted the words “in the case of an application to a county council, send a copy of it”; and

• (iii) before the words “the county council” in the third place where they occur there shall be inserted the words “, in that case,”;

• (c) in subsection (4), after the words “county council” in both places where they occur, there shall be inserted the words “or metropolitan district council”;

• (d) in subsection (5), after the words “county council”, there shall be inserted the words “or metropolitan district council”;

• (e) in subsection (6), after the words “county council” in each place where they occur, there shall be inserted the words “or metropolitan district council”; and

• (f) in subsection (7), after the words “county council”, there shall be inserted the words “or metropolitan district council”.

• (25) In section 61(1) for the words “a county council or the Greater London Council” there shall be substituted the words “the council of a county, metropolitan district or London borough or the Common Council of the City of London”.

• (26) In section 73—

• (a) for subsection (1) there shall be substituted—

(1) In connection with any order under section 6 or 9 of this Act made or proposed by them, the council of a London borough and the Common Council of the City of London may, as respects any road in their area which is not a trunk road affix any traffic sign to any lamp-post or other structure in the highway, whether or not belonging to the council.

; and

• (b) in subsection (2) for the words from “Greater London” to “Council” there shall be substituted the words “their area which is required in connection with an order under section 6 or 9 of this Act, it shall be the duty of the council of a London borough and of the Common Council of the City of London”.

• (27) In section 74(1) for the words “Greater London” there shall be substituted the words “their area”, and the words “the Greater London Council or” and “, as the case may be,” shall be omitted.

• (28) In section 78(2), after the word “county” in the first place where it occurs, there shall be inserted the words “or metropolitan district”.

• (29) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (30) For section 94 there shall be substituted—