EVIDENCE OF RESOLUTIONS AND MINUTES OF PROCEEDINGS ETC. (Hansard, 10 May 1976)

§ Mr. Guy Barnett
I beg to move Amendment No. 57, in page 35, line 12. leave out 'or a precursor of a local authority'.

§ Mr. Deputy Speaker
With this we are to take Amendment No. 58.

§ Mr. Barnett
This amendment is necessary because in the clause precursor of a local authority refers to the old local authorities which ceased to exist on the coming into force of the Local Government Act 1972 on 1st April 1974. Before that date the concept of the proper officer was not known in local government. In addition, there 128 was no general power of delegation to officers before Section 101 of the Act of 1972 came into force and, so far as we can ascertain, appointments of officers and authorities to perform functions were made or given only by a local authority or a committee of a local authority.
It follows, therefore, that the references to a precursor authority are unnecessary because the documents to which subsection (3)(a) refers do not, in fact, exist so far as a precursor local authority is concerned.