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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF TOWN COUNCILS

Part III GENERAL PROVISIONS AS TO MEMBERS OF TOWN COUNCIL

Part IV FUNCTIONS AND POWERS OF TOWN COUNCIL

Part IVA LIFT UPGRADING WORKS

Part V PROCEEDINGS OF TOWN COUNCIL

Part VI FINANCIAL PROVISIONS

Part VII MISCELLANEOUS PROVISIONS

THE SCHEDULE

Legislative History

Comparative Table

 
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On 02/09/2014, you requested the version in force on 02/09/2014 incorporating all amendments published on or before 02/09/2014. The closest version currently available is that of 15/08/2005.
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Transfer of surpluses after Parliamentary election
34.
—(1)  Notwithstanding any other provision of this Act, where —
(a)
a writ of election is issued in respect of any constituency the area of which forms wholly or partly the area of a Town or any constituency part of which forms the area of a Town; and
(b)
there is shown in the audited balance-sheet for the last completed financial year of the Town Council for that Town immediately before the issue of that writ any excess of revenue over expenditure in any fund (other than a sinking fund) established by the Town Council under section 33,
the Town Council shall, as soon as practicable after the relevant date specified in subsection (2), transfer in accordance with this section the excess in every such fund (referred to in this Act as its surpluses) to such sinking fund of that Town Council as may be prescribed.
(2)  The relevant date referred to in subsection (1) is —
(a)
the date on which the results of the election in the constituency are published in accordance with the Parliamentary Elections Act (Cap. 218); or
(b)
where a writ of election is issued in respect of more than one such constituency, the latest date among the dates on which the results of the election in each such constituency are published in accordance with that Act.
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(3)  Where there is an election in any or every whole constituency within a Town without any prior alteration to the boundaries of such constituency, the Town Council for the Town shall, subject to subsection (7), transfer its surpluses in the following manner:
(a)
if the Member or Members elected and the previous Member or Members for the constituency stood in elections for the same political party — 80% of its surpluses relating to such area of the Town comprised in that constituency shall be transferred to the prescribed sinking funds of the Town Council relating to that area; or
(b)
if the Member or Members elected and the previous Member or Members for the constituency stood in elections for different political parties — all its surpluses relating to such area of the Town comprised in that constituency shall be transferred to the prescribed sinking funds of the Town Council relating to that area.
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(4)  Where the boundaries of any constituency within a Town are altered under the Parliamentary Elections Act and there is an election in any or every new constituency so formed —
(a)
any order made under section 3 declaring the constituency to be or to form part of the Town, and any order made under section 4 establishing a Town Council for that Town, shall not be invalidated on account of such alteration in the boundaries but shall remain valid and of full force until expressly revoked or amended; and
(b)
except as otherwise provided in subsections (5), (6) and (7), the Town Council shall transfer 80% of its surpluses to the prescribed sinking funds of the Town Council.
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(5)  Where all or any of the constituencies within a Town have been amalgamated under the Parliamentary Elections Act (Cap. 218) to form a new constituency the total area of which, either alone or together with the other constituencies, remains identical to that of the Town, and there is an election in the new constituency, the Town Council for that Town shall, subject to subsection (7), transfer its surpluses in the following manner:
(a)
if the Member or Members elected for the new constituency and the previous Members of the amalgamated former constituencies stood in elections for the same political party — 80% of its surpluses relating to such area of the Town comprised in that new constituency shall be transferred to the prescribed sinking funds of the Town Council relating to that area; or
(b)
if the Member or Members elected for the new constituency and the previous Members of the amalgamated former constituencies stood in elections for different political parties — all its surpluses relating to such area of the Town comprised in that new constituency shall be transferred to the prescribed sinking funds of the Town Council relating to that area.
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(6)  Where all or any of the constituencies within a Town have been subdivided under the Parliamentary Elections Act to form new constituencies the total area of which, whether on their own or together with other constituencies, remains identical to that of the Town, and there is an election in any of the new constituencies, the Town Council shall, subject to subsection (7), transfer its surpluses in the following manner:
(a)
if the Member or Members elected for any such new constituency and the previous Member or Members of the subdivided former constituency stood in elections for the same political party — 80% of its surpluses relating to such area of the Town comprised in that new constituency shall be transferred to the prescribed sinking funds of the Town Council relating to that area; or
(b)
if the Member or Members elected for any such new constituency and the previous Member or Members of the subdivided former constituency stood in elections for different political parties — all its surpluses relating to such area of the Town comprised in that new constituency shall be transferred to the prescribed sinking funds of the Town Council relating to that area.
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(7)  Nothing in this section shall require a Town Council for a Town to transfer to any of its sinking funds any part of its surpluses which —
(a)
are fixed assets owned by the Town Council on the day immediately before a writ of election is issued in respect of any constituency within the Town; or
(b)
are necessary to meet any capital commitments made or entered into by that Town Council on or before that same day.
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(8)  For the purposes of this section —
(a)
an independent candidate shall be regarded as standing in an election for a political party comprising himself; and
(b)
independent candidates standing for election as a group shall be regarded as standing in an election for a political party comprising members of that group.
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(9)  In this section —
“election” and “group” have the same respective meanings as in the Parliamentary Elections Act (Cap. 218);
“independent candidate” means a person who does not stand in an election for any political party, whether individually or in a group;
“Member” means an elected Member of Parliament;
“previous Member”, in relation to a constituency where an election is held, means the Member elected at an election immediately preceding the first-mentioned election for —
(a)
the constituency;
(b)
any former constituency of which the constituency was part; or
(c)
any former constituency forming part of the constituency;
“sinking fund”, in relation to a Town Council, means a sinking fund established by the Town Council under section 33(4);
“writ of election” means a writ of election issued under section 24 of the Parliamentary Elections Act (Cap. 218).
[33A
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