# The Local Authorities etc. (Miscellaneous Provision) (No. 2) Order 1975, Article 7: Chichester Harbour Conservancy Act 1971


(1) The amendments set out in the following paragraphs shall be made in the Chichester Harbour Conservancy Act 1971.
(2) In section 3(1)—
after the definition of “the Act of 1965” there shall be inserted—
““the Act of 1972” means the Local Government Act 1972; ”;
the definition of “the West Sussex County Council” shall be omitted.
(3) For section 5(2) there shall be substituted—
“(2) The Conservancy shall consist of 15 members who shall be appointed as follows—
4 by the West Sussex County Council;
2 4 by the Hampshire County Council;
3 2 by the Chichester District Council;
4 2 by the Havant Borough Council;
5 3 by the Chichester Harbour Conservancy Advisory Committee.”.
(4) In section 6(4)—
for “sections 58, 59, 60, 63, 76 and 95 of the Act of 1933” there shall be substituted “sections 80 to 82, 85, 94 to 98 and 105 of the Act of 1972”;
proviso (i) shall be omitted;
in proviso (ii) for “sections 76 and 95” there shall be substituted “sections 94 to 98 and 105”; and
in proviso (iii) for “sections 58, 59 and 60” there shall be substituted “sections 80 to 82”.
(5) In section 11(3)(j), for “the urban district of Havant and Waterloo” there shall be substituted “the Borough of Havant”.
(6) For section 51(3) there shall be substituted—
“(3) The Conservancy shall not, without the consent of the Borough Council, exercise the powers of this section at Emsworth Mill Pond in the Borough of Havant.”.
(7) In section 52(1), for the words following “give notice to the Conservancy” there shall be substituted “that the person discharging such functions for them is willing to accept the appointment, the Conservancy shall appoint such person; and if both the county councils so give notice the Conservancy shall appoint such one of such persons as to the Conservancy seems fit”.
(8) In section 52(4), for “Section 119 of the Act of 1933” there shall be substituted “Section 114 of the Act of 1972”.
(9) In section 52(5), for “Section 120 of the Act of 1933” there shall be substituted “Section 115 of the Act of 1972”.
(10) In section 52(6)—
for “Section 123 of the Act of 1933” there shall be substituted “Section 117 of the Act of 1972”; and
for “subsections (2) and (3) of section 76 of that Act were a reference to these subsections” there shall be substituted “section 95 of that Act were a reference to that section”.
(11) For section 62 there shall be substituted—
“Loans fund
62 The provisions of paragraph 15 of Schedule 13 to the Act of 1972 shall apply to the Conservancy as if they were a local authority.”.
(12) In section 63(8), for “expenses for general county purposes” there shall be substituted “general expenses of the county councils”.
(13) In section 67(2)(c), for “the provisions of Part IX of the Act of 1933 shall extend to money borrowed by a local authority under this subsection as if it were borrowed under the said Part IX” there shall be substituted “the provisions of Part I of Schedule 13 to the Act of 1972 shall extend to money borrowed by a local authority under this subsection as if it were borrowed under the said Part I”.
(14) In section 67(3)(b), for “the council of any borough or urban or rural district in the county of Hampshire or the administrative county of West Sussex” there shall be substituted “the council of any district in the county of Hampshire or West Sussex”.
(15) Section 69(4) and (6) shall be omitted.
(16) In section 69(5)—
for the words preceding “so far” there shall be substituted “Paragraphs 2, 7 to 11 and 20 of Schedule 13 to the Act of 1972, paragraph 22 of that Schedule in so far as applicable to such paragraphs and any regulations made under paragraph 4 thereof”; and
for “the clerk” there shall be substituted “the proper officer”.
(17) In section 83(4), for “Subsections (2) to (7) of section 250 and section 252 of the Act of 1933” there shall be substituted “Subsections (3) to (8) of section 236 and section 238 of the Act of 1972”.
(18) In section 93(2); in the definition of “local authority” for the words following “West Sussex County Council” there shall be substituted “or the council of any county bordering the county of Hampshire or West Sussex, or the council of any district or parish, or the parish meeting of any parish not having a parish council, whether separate or common, within any of the counties aforesaid”.
(19) For section 94(1) there shall be substituted—
“(1) Sections 173 to 175 of the Act of 1972 (which make provision for the payment of allowances to members of local authorities and other bodies) shall apply to the Conservancy.”.
(20) In section 99, for “western division of the county of West Sussex nominated from time to time by the chairman of quarter sessions for the said county” there shall be substituted “Chichester petty sessional division of the county of West Sussex”.
(21) In section 107, for “section 290 of the Act of 1933” there shall be substituted “section 250 of the Act of 1972”.
(22) In the Schedule, in paragraph 10 for “Section 277 of the Act of 1933” there shall be substituted “Section 223 of the Act of 1972”.

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Source: https://www.legislation.gov.uk/uksi/1975/944/article/7 (the official version)
Page: https://openlegislation.uk/local-authorities-etc-miscellaneous-provision-no-2-order-1975/article-7
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.