Local Government, Planning and Land Act 1980

• (c) that, in the event of any of the conditions subject to which the loan is made not being complied with, the balance for the time being unpaid shall become repayable on demand by the corporation;

• (d) that the said balance, or such part of it as may be provided for in the mortgage (or standard security), may, in any event other than that specified in paragraph (c) above, be repaid on any such conditions as may be specified in the mortgage (or standard security) after one month’s written notice of intention to repay has been given to the corporation;

• (e) where repayment is to be made by an annuity of principal and interest combined, for determining the amount by which the annuity or the life of the annuity is to be reduced when a part of the loan is paid off otherwise than by way of an instalment of the annuity.

Loans in pursuance of building agreements.

161

• (1) This section applies where an urban development corporation enters into an agreement with a person (“the builder") by which provision is made—

• (a) authorising the builder to enter on land belonging to the corporation for the purpose of the builder erecting a building on the land;

• (b) for the sale of the land to the builder, if the building is erected to the satisfaction of the corporation, or, as the agreement may provide, for the grant of a lease to him if the building is so erected;

• (c) for the corporation to lend money to the builder for the purpose of enabling him to erect the building;

• (d) for securing that, on such a sale or, as the case may be, grant of a lease, any amount lent as mentioned in paragraph (c) above will, together with the interest on the loan, be secured by a mortgage of the land (or in Scotland standard security over the land).

• (2) In that case the corporation may, subject to this section, lend money to the builder for the purpose mentioned in subsection (1)(c) above.

• (3) The amount of the principal of a loan made under this section shall not exceed whichever of the following is less:—

• (a) three quarters of the value of the land at the time the agreement mentioned in subsection (1) above is made;

• (b) one half of the amount which it is estimated will be the value of the security for the mortgage (or in Scotland of the security subjects) for which the agreement provides when the building for the erection of which the loan is made has been erected.

• (4) Subsections (4) and (5) of section 160 above apply to a loan made under this section as to one made under that.

Inner urban areas

Inner urban areas.

162

• (1) In this section “the 1978 Act” means the Inner Urban Areas Act 1978, and “designated district” and “designated district authority” have the same meanings as in that Act.

• (2) In this section “relevant land” means an area of land which is at the same time situated in both an urban development area and a designated district.

• (3) An urban development corporation shall have (as regards relevant land) the same power as the designated district authority has (as regards the designated district) under the provisions of the 1978 Act mentioned in subsection (4) below; and the sections which are or contain those provisions shall apply accordingly (with the necessary modifications).

• (4) The provisions are:—

section 2(1) (loans for acquiring land etc.)

section 3(1) (loans and grants for co-operative enterprises etc.)

sections 4 to 6 (loans and grants in improvement areas)

sections 8 to 11 (loans and grants in special areas).

• (5) Subsections (6) and (7) below apply where—

• (a) the Secretary of State or Ministers wish to enter into arrangements under subsection (1) of section 7 of the 1978 Act as respects any district or Welsh county or county borough (arrangements to determine action in case of special social need), and

• (b) any area of land is situated both in an urban development area and that district or (as the case may be) Welsh county or county borough.

• (6) In that case, arrangements under that subsection may be entered into with—

• (a) the urban development corporation, or

• (b) the council or councils mentioned in paragraph (a) or (aa)of that subsection, or

• (c) subject to subsection (7) below, both the urban development corporation and the council or councils mentioned in that paragraph.

• (7) Arrangements under that subsection which are entered into by virtue of subsection (6)(c) above may not be entered into jointly with the urban development corporation and the council or councils.

• (8) Where arrangements under that subsection are entered into by virtue of subsection (6) above, they may also be entered into with such other person or persons (if any) as may appear to the Secretary of State or the Ministers appropriate.

Supply of goods, etc, to Urban Development Corporations

Supply of goods etc. by local authorities.

163

• (1) Subject to subsection (2) below, in the Local Authorities (Goods and Services) Act 1970 (supply of goods and services by local authorities to public bodies) “public body” shall include any urban development corporation.

• (2) The provisions of subsection (1) above shall have effect as if made by an order under section 1(5) of the Local Authorities (Goods and Services) Act 1970 (power to provide that a person or description of persons shall be a public body for the purposes of that Act).

• (3) An order under the said section 1(5) may accordingly vary or revoke the provisions of subsection (1) above as they apply to an urban development corporation specified in the order.

Finance, accounts, reports, etc.

Finance, accounts, reports, etc.

164

• (1) Schedule 31 below (finance, accounts, reports, etc. in relation to urban development corporations) shall have effect.

• (2) The expenses of the Secretary of State in respect of the administration of this Part of this Act shall be paid out of money provided by Parliament.

Transfer of corporations’ undertakings

Power to transfer undertaking.

165

• (1) Subject to this section, an urban development corporation may, by an agreement made with any local authority or other body or any statutory undertakers and approved by the Secretary of State with the Treasury’s concurrence:—

• (a) transfer to the local authority or other body the whole or any part of the corporation’s undertaking, or

• (b) transfer to the statutory undertakers the whole or any part of the corporation’s undertaking which consists of a statutory undertaking,

upon such terms as may be prescribed by the agreement.

• (2) Subsection (1) above is without prejudice to the powers of an urban development corporation under this Act to dispose of any of its property, including any trade or business carried on by it.

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

• (4) Before approving an agreement under this section the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated (except, in the case of an agreement made with such an authority, the authority with whom it is made).

• (5) Before approving an agreement under this section for the transfer of a statutory undertaking, the Secretary of State shall publish in the London Gazette (or, in the case of an urban development area in Scotland, the Edinburgh Gazette) and in one or more newspapers circulating in the urban development area, a notice stating that the agreement has been submitted for approval and describing the general effect of the agreement.

• (6) If within 28 days from publication of the notice in the London Gazette or Edinburgh Gazette in accordance with subsection (5) above any objection to the agreement is made by any statutory undertakers who, within the urban development area or any area adjacent to it, are carrying on or authorised to carry on a statutory undertaking similar to that proposed to be transferred by the agreement, subsection (1) above shall apply in relation to the agreement as if for the reference to the Secretary of State there were substituted a reference to him and the appropriate Minister.

• (7) If the Secretary of State is satisfied that it is expedient, having regard to any agreement made or proposed to be made under this section, that the liability of the urban development corporation in respect of advances made to it by the Secretary of State under this Part of this Act should be reduced, he may, by order made with the consent of the Treasury, reduce that liability to such extent as may be specified in the order.

• (8) An order under subsection (7) above shall be of no effect until it is approved by a resolution of the House of Commons.

• (9) The following are local authorities for the purposes of this section and sections 165A to 166 below, namely—

• (a) (in the application of the sections to England . . .) a county council, a district council, a London borough council, and the Common Council of the City of London;

• (aa) (in the application of the sections to Wales) a county council or county borough council;

• (b) (in the application of the sections to Scotland) any council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 other than the councils for Orkney Island, Shetland Island and Western Isles.

Transfer of property, rights and liabilities by order.

165A

• (1) Subject to this section, the Secretary of State may at any time by order transfer to himself, upon such terms as he thinks fit, any property, rights or liabilities which—

• (a) are for the time being vested in an urban development corporation, and

• (b) are not proposed to be transferred under section 165 above or 165B below.

• (2) An order under this section may terminate—

• (a) any appointment of the corporation under subsection (1) of section 42 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations); and

• (b) any arrangements made by the corporation under subsections (5) and (6) of that section.

• (3) Before making an order under this section, the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.

• (4) An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Transfer of property, rights and liabilities to statutory bodies.

165B

• (1) Subject to this section, the Secretary of State may at any time by order transfer to a statutory body, upon such terms as he thinks fit, any property, rights or liabilities which—

• (a) are for the time being vested in an urban development corporation, and

• (b) are not proposed to be transferred under section 165 or 165A above.

• (2) An order under this section may terminate—

• (a) any appointment of the corporation under subsection (1) of section 42 of the Housing and Regeneration Act 2008 (agency arrangements with urban development corporations); and

• (b) any arrangements made by the corporation under subsections (5) and (6) of that section.

• (3) An order under this section may—

• (a) establish new bodies corporate to receive any property, rights or liabilities to be transferred by an order under this section;

• (b) amend, repeal or otherwise modify any enactment for the purpose of enabling any body established under any enactment to receive such property, rights or liabilities.

• (4) An order under this section—

• (a) may contain such incidental, consequential, transitional or supplementary provision as the Secretary of State thinks necessary or expedient (including provisions amending, repealing or otherwise modifying any enactment); and

• (b) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (5) Before making an order under this section, the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.

• (6) In this section—

• “enactment” includes any instrument made under any enactment;

• “statutory body” means any body established under this section or any other enactment.

Dissolution of corporations

Dissolution of corporations.

166

• (1) Where all property, rights and liabilities of an urban development corporation have been transferred under or by one or more relevant instruments, the Secretary of State may make an order by statutory instrument under this section.

• (1A) Any property, rights and liabilities retained by an urban development corporation for the purpose of preparing its final accounts and report and winding up its affairs shall be disregarded for the purposes of subsection (1) above.

• (2) Before making such an order the Secretary of State shall consult each local authority in whose area all or part of the urban development area is situated.

• (3) On the order coming into force, the corporation shall cease to act except for the purpose of preparing its final accounts and report and winding up its affairs.

• (4) The corporation shall (without more) be dissolved on a date specified in, or ascertained by reference to the provisions of, the order.

• (5) In this section “relevant instrument” means an agreement made under section 165 above or an order made under section 165A or 165B above.

Miscellaneous

Power to survey land in Scotland etc.

167

• (1) A person to whom this subsection applies may at any reasonable time:—

• (a) survey any land in Scotland, or estimate its value, in connection with a proposal by an urban development corporation to acquire the land compulsorily;

• (b) for the purpose of surveying, or estimating the value of, any land in pursuance of paragraph (a) above, enter on the land and other land in Scotland.

• (2) Subsection (1) above applies—

• (a) to a person authorised in writing by the urban development corporation; and

• (b) to an officer of the Valuation Office.

• (3) The power to survey land conferred by subsection (1) above includes power for a person to whom that subsection applies by virtue of subsection (2)(a) above to search and bore on and in the land for the purpose of ascertaining the nature of the subsoil or whether minerals are present in the subsoil, and the power to enter on land conferred by that subsection includes power for such a person to place and leave, on or in the land, apparatus for use in connection with the survey in question and to remove the apparatus.

• (4) A person authorised by an urban development corporation to enter on land in pursuance of subsection (1) above—

• (a) shall, if so required before or after entering on the land, produce evidence of his authority to enter;

• (b) may take with him on to the land such other persons and such equipment as are necessary for the survey in question;

• (c) shall not (if the land is occupied) demand admission to the land as of right unless notice of the intended entry has been served by the corporation on the occupier not less than 28 days before the demand;

• (d) shall (if the land is unoccupied when he enters or the occupier is then temporarily absent) leave the land as effectually secured against trespassers as he found it;

• (e) shall not place or leave apparatus on or in the land or remove apparatus from the land—

• (i) unless notice of his intention to do so has been served by the corporation on an owner of the land, and if the land is occupied on the occupier, not less than 28 days before he does so, and

• (ii) If the land is held by local authority or statutory undertakers who within that period serve on the corporation a notice stating that they object to the placing or leaving or removal of the apparatus on the ground that to do so would be seriously detrimental to the performance of any of their functions or, as the case may be, the carrying on of their undertakings unless he has a written Ministerial authorisation to do so;

• (f) shall not search or bore on or in the land which is the subject of the survey in question if the land is held by a local authority or statutory undertakers—

• (i) unless notice of his intention to do so has been served by the corporation on the authority or undertakers not less than 28 days before he does so, and

• (ii) if within that period the authority or undertakers serve on the corporation a notice stating that they object to the searching or boring on the ground that do so would be seriously detrimental to the performance of any of their functions or, as the case may be, the carrying on of their undertaking, unless he has a written Ministerial authorisation to do so.

• (5) In subsection (4) above “Ministerial authorisation” means—

• (a) in relation to land held by a local authority, the authorisation of the Secretary of State; and

• (b) in relation to land held by statutory undertakers, the authorisation of the Secretary of State and the appropriate Minister.

• (6) In exercising the powers of this section to survey land held by a local authority or statutory undertakers a person to whom subsection (1) above applies shall comply with all reasonable conditions imposed by the authority or undertakers with regard to the entry on, surveying of, searching or boring on or in the land, or placing or leaving on, or removal of apparatus from land.

• (7) Where it is proposed to search or bore in pursuance of this section in a road within the meaning of Part 4 of the New Roads and Street Works Act 1991—

• (a) section ... 114 of that Act (notice of starting date of works), so far as it requires notice to be given to a person having apparatus in the street or road which is likely to be affected by the works,

• (b) section ... 128 of that Act (requirements to be complied with where works likely to affect another person’s apparatus in the street or road), and

• (c) section ... 141 of that Act (liability for damage or loss caused),

have effect in relation to the searching or boring as if they were road works within the meaning of Part 4 of that Act.

• (8) If, in connection with such a proposal of a corporation as is mentioned in subsection (1)(a) above, a person interested in any land suffers damage in consequence of the exercise of a power conferred by subsection (1) or (4)(b) above or a failure to perform the duty imposed by subsection (4)(d) above in respect of the land, he shall be entited to recover compensation for the damage from the corporation.

• (9) Any dispute as to a person’s entitlement to compensation in pursuance of subsection (8) above or as to the amount of the compensation shall be determined by the Lands Tribunal for Scotland, and sections 9(2) to (5) and 11 of the Land Compensation (Scotland) Act 1963 (procedure and expenses) shall with the necessary modifications apply in relation to the determination by the Tribunal of such a dispute.

• (10) If a person—

• (a) wilfully obstructs another person in the exercise of a power conferred on the other person by subsection (1) or (4)(b) above; or

• (b) while another person is on any land in pursuance of the said subsection (4)(b), wilfully obstructs him in doing things connected with the survey in question; or

• (c) removes or otherwise interferes with apparatus left on or in land in pursuance of this section,

he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

• (11) If a person who has entered on any land in pursuance of this section discloses to another person information obtained by him there about a manufacturing process or trade secret, then, unless the disclosure is made in the course of performing his duty in connection with the purposes for which he was authorised to enter on the land, he shall be guilty of an offence and liable, on summary conviction, to a fine not exceeding the statutory maximum or, on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine or both.

• (12) It is hereby declared that references to surveying in this section include references to surveying from the air.

• (13) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (14) In this section—

• . . .

• “the Valuation Office” means the Valuation Office of the Inland Revenue Department.

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

Service of notices.

168

• (1) This section has effect in relation to any notice required or authorised by this Part of this Act to be served on any person by an urban development corporation.

• (2) Any such notice may be served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

• (3) Any such notice may—

• (a) in the case of a body corporate, be given to or served on the secretary or clerk of that body;

• (b) in the case of a partnership, be given to or served on a partner or a person having the control or management of the partnership business.

• (4) For the purposes of this section and of section 7 of the Interpretation Act 1978 (service of documents by post) in its application to this section, the proper address of any person to or on whom a notice is to be given or served shall be his last known address, except that—

• (a) in the case of a body corporate or its secretary or clerk, it shall be the address of the registered or principal office of that body;

• (b) in the case of a partnership or a person having the control or management of the partnership business, it shall be that of the principal office of the partnership;

and for the purposes of this subsection the principal office of a company registered outside the United Kingdom or of a partnership carrying on business outside the United Kingdom shall be its principal office within the United Kingdom.

• (5) If the person to be given or served with any notice mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that notice, that address shall also be treated for the purposes of this section and section 7 of the Interpretation Act 1978 as his proper address.

• (6) If the name or address of any owner, lessee or occupier of land to or on whom any notice mentioned in subsection (1) above is to be served cannot after reasonable inquiry be ascertained, the document may be served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

Ecclesiastical property.

169

• (1) Where any ecclesiastical property is vested in the incumbent of a benefice which is vacant, it shall be treated for the purposes of a compulsory acquisition of the property under this Part of this Act as being vested in the Diocesan Board of Finance for the diocese in which the land is situated, and any notice to treat shall be served, or be deemed to have been served, accordingly.

• (2) Where under this Part of this Act any notice, other than a notice to treat, is required to be served on an owner of land, and the land is ecclesiastical property, a like notice shall be served on the Diocesan Board of Finance for the diocese in which the land is situated.

• (3) This section does not extend to Scotland.

Interpretation: statutory undertakers etc.

170

• (1) In this Part of this Act, unless the context otherwise requires, “statutory undertakers” means—

• (a) persons authorised by any enactment to carry on any railway, light railway, tramway, road transport, water transport, canal, inland navigation, dock, harbour, pier or lighthouse undertaking, or any undertaking for the supply of ... , ... or hydraulic power

• (b) ... the Civil Aviation Authority, ... , a universal service provider in connection with the provision of a universal postal service and any other authority, body or undertakers which by virtue of any enactment are to be treated as statutory undertakers for any of the purposes of the 1990 Act or of the 1997 Act.

• (c) any other authority, body or undertakers specified in an order made by the Secretary of State under this paragraph, and

• (d) any wholly-owned subsidiary as defined by section 1159 of the Companies Act 2006 of any person, authority, body or undertakers mentioned in paragraphs (a) and (b) above or specified in an order made under paragraph (c) above,

and “statutory undertaking” shall be construed accordingly.

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

• (2A) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Part of this Act; and references in this Part of this Act to his undertaking shall be construed accordingly.

• (2B) In subsection (1) and (2A) above “universal service provider" has the same meaning as in Part 3 of the Postal Services Act 2011; and references to the provision of a universal postal service shall be construed in accordance with that Part.

• (3) In this Part of this Act the expression “the appropriate Minister", and any reference to the Secretary of State and the appropriate Minister—

• (a) in relation to any statutory undertakers who are also statutory undertakers for the purposes of any provision of Part XI of the 1990 Act or Part X of the 1997 Act, shall have the same meanings as in the said Part X, and

• (b) in relation to any other statutory undertakers, shall have the meanings given by an order made by the Secretary of State under this subsection.

• (4) If, in relation to anything required or authorised to be done under this Part of this Act, any question arises as to which Minister is the appropriate Minister in relation to any statutory undertakers, that question shall be determined by the Treasury.

• (5) An order made under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

Interpretation: general.

171

• (1) In this Part of this Act, except in so far as the context otherwise requires—

• “ecclesiastical property” means land belonging to an ecclesiastical benefice of the Church of England, or being or forming part of a church subject to the jurisdiction of a bishop, of any diocese of the Church of England or the site of such a church, or being or forming part of a burial ground subject to such jurisdiction;

• “the1981 Act” means the Acquisition of Land Act 1981

• “the 1947 Act” means the Acquisition of Land (Authorisation Procedure) (Scotland) Act 1947;

• “the 1990 Act” means the Town and Country Planning Act 1990

• “the 1997 Act” means the Town and Country Planning (Scotland) Act 1997;

• “heat networks” has the meaning given by section 216 of the Energy Act 2023;

• “urban development area” means so much of an area designated by an order under subsection (1) of section 134 above as is not excluded from it by an order under subsection (3A) of that section;

• “urban development corporation” means a corporation established by an order under section 135 above.

• (2) In this Part as it applies in relation to England, references to the regeneration of an area are to be read as references to the regeneration or development of the area.

Extent of Part XVI.

172

This Part of this Act (except paragraph 18 of Schedule 26) does not extend to Northern Ireland.

Part XVII — Caravan Sites

Duty of local authorities to provide caravan sites for gipsies.

173

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

Removal of unlawfully parked caravans and their occupants.

174

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

Designation of areas for purpose of making unauthorised camping unlawful.

175

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

Site licences: exemption for sites provided for gipsies by county councils of regional councils.

176

In Schedule 1 to the Act of 1960 (cases where site licence is not required), the following is inserted after paragraph 11:—

(11A) A site licence shall not be required for the use of land occupied by a county council, or in Scotland a regional council, as a caravan site provising accommodation for gipsies.

Interpretation of Part XVII.

177

In this Part of this Act—

• “the Act of 1960” means the Caravan Sites and Control of Development Act 1960;

• “the Act of 1968” means the Caravan Sites Act 1968;

• “caravan” has the same meaning as in the Act of 1960; and

• “gipsy” has the same meaning as in the Act of 1968.

Commencement and extent of Part XVII.

178

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

Part XVIII — Enterprise Zones

Enterprise zones.

179

Schedule 32 below (which makes special provision about planning and rates in zones designated under the Schedule) shall have effect.

Part XIX — Miscellaneous and Supplementary

Honorary Freemen

Honorary freemen.

180

In section 249(5) of the Local Government Act 1972 after “royal borough" where it first occurs insert “ or any parish or community having by grant under the royal prerogative the status of city and any parish or community entitled by such grant to be called and styled a royal town ”, and after ther further references to “royal borough" in that subsection and in section 249(6) insert “ or parish or community as aforesaid. ”.

Land Drainage

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

181

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

182

Social Services

Relaxation of Ministerial controls over social services.

183

• (1) The following section shall be substituted for section 3 of the Local Authority Social Services Act 1970 (under which no matter, other than a matter which by virtue of section 2 of the that Act stands referred to a local authority’s social services committee may be referred to or dealt with by the committee except with the consent of the Secretary of State):—

(3) (1) A local Authority may delegate to their social services committee any of the functions matters relating to which stand referred to the committee by virtue of section 2 of this Act (hereafter in this Act referred to as “social services functions") and, before exercising any of those functions themselves, the authority shall (unless the matter is urgent) consider a report of the committee with respect to the matter in question. (2) Nothing in section 2 of this Act prevents a local authority from referring to a committee a matter which by virtue of that section stands referred to the social services committee and which in the authority’s opinion ought to be referred to the other committee of the ground that it relates to a general service of the authority; but before referring any such matter the authority shall receive and consider a report of the social services committee with respect to the subject matter of the proposed reference.

• (2) The following section shall be inserted after that section:—

(3A) A local authority may refer to their social services committee any matter which in their view may appropriately be referred to that committee, but which would not otherwise stand referred to that committee by virtue of this Act, and may delegate to that committee any of their functions relating to a matter so referred.

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

Commissioners for Local Administration

Disclosure of information to Commissioners for Local Administration.

184

• (1) In subsection (3) of section 32 of the Local Government Act 1974 (which empowers a Minister of the Crown or an authority subject to investigation to give notice to a Local Commissioner that in the opinion of the Minister or authority disclosure of certain documents or information would be contrary to the public interest and which prevents any person from communicating any such document or information to any other person, or for any purpose) for the words “any person" there shall be substituted the words “ the Local Commissioner or any member of the staff of a Commission who is allocated to assist him ”.

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

Pleasure Boats

Pleasure boats bye laws.

185

• (1) Subject to the provisions of this section, any of the following authorities, namely

• (i) a district council;

• (ii) a London borough council;

• (iii) the Common Council of the City of London,

• (iv) the council of a Welsh county or county borough,

may make byelaws—

• (a) for regulating the numbering and maning of pleasure boats and vessels which are let for hire to the public and the mooring places for such boats and vessels; and

• (b) for fixing the qualifications of the boatmen or other persons in charge of such boats or vessels; and

• (c) for securing their good and orderly conduct while in charge.

• (2) No authority mentioned in subsection (1) above shall have power to make byelaws under that subsection in relation to pleasure boats or vessels operating—

• (a) on any water owned by Canal & River Trust;

• (b) on any inland waters (within the meaning of the Water Resources Act 1991) in respect of which the Environment Agency or the Natural Resources Body for Wales may make byelaws by virtue of paragraph 1 of Schedule 25 to that Act;

• (c) subject to subsection (3) below, on any canal or other inland navigation which a navigation authority, as defined in section 135(1) of the Water Resources Act 1963, are required or empowered to manage or maintain under any enactment; or

• (d) on any harbour maintained or managed by a harbour authority, as defined in section 57(1) of the Harbours Act 1964.

• (3) Subsection (2)(c) above does not preclude a local authority making byelaws under subsection (1) above in relation to pleasure oats or vessela operating on any canal or inland navigation which they themselves are required or empowered to manage or maintain.

Amendment of s. 94 of the Public Health Acts (Amendment) Act 1907.

186

The following subsections shall be added at the end of section 94 of the Public Health Acts (Amendment) Act 1907—

(8) No licence under this section shall be required in respect of pleasure boats and pleasure vessels on any canal owned or managed by the British Waterways Board. (9) In subsections (1) and (3) of this section “let for hire” means let for hire to the public.

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

187

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

188

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

190

Amendments of Inner Urban Areas Act 1978.

191

• (1) The following subsection shall be substituted for subsection (3) of section 6 of the Inner Urban Areas Act 1978 (which limits the amount of a grant under that section for converting or improving a building to 50 per cent. of the cost of carrying out the works or a fixed amount for each job which, in the opinion of the authority making the grant, is likely to be created or preserved as a result of the carrying out of the works, whichever is the less):—

(3) The amount of a grant under this section shall not exceed 50 per cent. of the cost of carrying out the works.

• (2) The following sub-paragraph shall be substituted for paragraph 2(1) of the Schedule to that Act (Secretary of State’s notification that all or part of an improvement area is no longer to be such an area):—

(2) (1) If the area declared to be an improvement area by a resolution under paragraph 1(1) above is wholly or partly included in an area of land designated as an urban development area by an order under section 134 of the Local Government, Planning and Land Act 1980, the Secretary of State, if it appears appropriate to him— (a) may at any time before the resolution takes effect send to the authority a notification that the land included in the urban development area is not to be or to be included in the improvement area by virtue of the resolution; and (b) may at any time after the resolution takes effect, send them a notification that the land included in the urban development area is no longer to be or to be included in the improvement area by virtue of it.

Supplementary

Finance-general.

192

There shall be paid out of money provided by Parliament any increase in money so payable under any other Act which is attributable to the provisions of this Act.

Minor and consequential amendments.

193

The enactments specified in Schedule 33 to this Act shall have effect subject to the amendments specified in that Schedule, being minor amendments and amendments consequential on the foregoing provisions of this Act.

Repeals.

194

The enactments specified in Schedule 34 to this Act (which include enactments which are obsolete or unnecessary before the passing of this Act) are repealed to the extent specified in the third column of that Schedule.

Scotland.

195

• (1) Parts IV, V, IX, XII, XIV, XV and XVII of this Act apply to Scotland to the extent specified in sections 27, 47, 92, 111, 125, 133 and 178 respectively.

• (2) Parts VI, VIII and X of this Act do not apply to Scotland.

• (3) In this Part of this Act sections 180, 181, 183, 185, 186 and 190 do not extend to Scotland.

Northern Ireland.

196

The following provisions of this Act extend to Northern Ireland, that is to say—

Citation.

197

This Act may be cited as the Local Government, Planning and Land Act 1980.

SCHEDULE 1 — Provisions to which section 1(1) refers

Prevention of damage by Pests Act 1949 (c. 55)

1

Section 2 (power to direct keeping of records etc.)

2

Section 12 (directions)

Rag Flock and other Filling Materials Act 1951 (c. 63)

3

Section 6 (appeals).

4

Section 7 (appeals)

5

Section 15 (regulations about fees for tests).

Food and Drugs Act 1955 (4 & 5 Eliz. 2) (c. 16)

6

Section 99 (requirement to transmit copy of public analyst’s report to Minister).

7

Section 109 (institution of proceedings).

Agriculture Act 1970 (c. 40)

8

Section 67 (reports).

9

Section 80 (institution of prosecutions).

Local Government Act 1972 (c. 70)

10

Section 138 (emergencies and disasters).

Slaughterhouses Act 1974 (c. 3)

11

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

12

Section 12(1) (requirement to make byelaws).

13

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

SCHEDULE 2 — Relaxation of Controls Over Functions Relating to Clean Air and Pollution

Clean Air Act 1956 (c. 52)

1

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

2

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

3

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

4

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

5

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

Clean Air Act 1968 (c. 62)

6

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

Control of Pollution Act 1974 (c. 40)

7

In section 2—

• (a) in subsection (2) (waste disposal plans; power to modify required contents by regulations) omit the words from “but provision may be made by regulations" to the end;

• (b) in subsection (3)(a) (duty to consult) in paragraph (vi) omit “and such other persons as are prescribed";

• (c) omit subsection (7) (power of Secretary of State to give authority direction as to the time by which it is to perform duty).

8

In section 5—

• (a) in subsection (1) (application for disposal licence to be made in writing and include prescribed information) omit “and include such information as is prescribed";

• (b) in subsection (2) (disposal licences and planning) omit the words from “but provision may be made by regulations" to the end;

• (c) in subsection (4)(a) (disposal authority to refer proposal to certain persons) omit “and to any other prescribed person"; and

• (d) in subsection (5)(a) (which make similar provision in relation to Scotland) omit

and (iii) any other prescribed person;

9

• (1) The following provisions (which relate to procedural matters connected with waste disposal) shall cease to have effect, namely—

• (a) in section 6(1), the words “as to the conditions which are or are not to be specified in a disposal licence, and"; and

• (b) in section 11(3)(c) and (4)(a) the words “and to any other prescribed person".

• (2) in section 6(4)(a), for “prescribed particulars" substitute “ copies ”.

• (3) In section 11(10) for “particulars" substitute “ copies ”.

10

• (1) The following subsections shall be substituted for subsection (1) of section 13 (dustbins etc.):—

(1) Where a collection authority has a duty by virtue of subsection (1)(a) of the preceding section to arrange for the collection of household waste from any premises, the authority may, by a notice served on the occupier of the premises, require him to place the waste for collection in receptacles which are of a kind and number reasonably specified in the notice. (1A) A person who fails to comply with any of the requirements of such a notice shall be guilty of an offence and liable on summary conviction to a fine not exceeding £100.

• (2) In subsection (3) of that section—

• (a) for the words “the kind or number of the receptacles required by" there shall be substituted the words “ any requirement specified in ”; and

• (b) in paragraph (c), for the words “the kind or number of receptacles" there shall be substituted the words “ any requirement ”.

• (3) The following subsections shall be substituted for subsection (5):—

(5) If it appears to a collection authority that there is likely to be situated, on any premises in its area, commercial waste or industrial waste of a kind which, if the waste is not stored in receptacles of a particular kind, is likely to cause a nuisance or to be detrimental to the amenities of the locality in which the premises are situated, the authority may, by notice served on the occupier of the premises, require him to provide at the premises receptacles for the storage of such waste which are of a kind and number reasonably specified in the notice. (5A) A person who fails to comply with any requirement specified in the notice shall be guilty of an offence and liable on summary conviction to a fine of an amount not exceeding £100.

• (4) In subsection (6), for the words “the kind or number of receptacles" there shall be substituted the words “ any requirement ”.

• (5) The following subsections shall be substituted for subsection (7):—

(7) A notice under subsection (1) or (5) of this section may make provision with respect to— (a) the size, construction and maintenance of receptacles for controlled waste; (b) the placing of receptacles on premises for the purpose of facilitating the emptying of them, and access to the receptacles for that purpose; (c) the placing of receptacles for that purpose of highways; (d) the substances which may and may not be put into the receptacles and the precautions to be taken where particular substances are put into them; and (e) the steps to be taken by occupiers of premises for the purposes of facilitating the collection of waste from receptacles for controlled waste which are provided in connection with the premises. (7A) A notice under subsection (1) or (5) of this section shall not require receptacles to be placed on highways unless— (a) the relevant highway authority have given their consent to their being so placed; and (b) arrangements have been made as to the liability for any damage arising out of their being so placed.

11

• (1) In section 23 (prohibition of parking to facilitate street cleaing) for subsection (2), substitute—

(2) Such a notice must specify the relevant area, the relevant day and the hours in question; and a copy of the notice must— (a) be served on the occupier of any premises adjoining the relevant area; and (b) be conspicuously displayed at places in the relevant area. (2A) The effect of the giving of such a notice and of the service and display of copies of it as required by subsection (2) of this section shall be to suspend during the hours of the relevant day specified in the notice the operation of any provision which is contained in an order under the Road Traffic Regulation Act 1967 or a local enactment and which authorises, designates or regulates the use of a street parking place in the relevant area. (2B) The authority giving the notice shall cover up traffic signs and parking meters in the relevant area during the hours if the relevant day specified in the notice, but without prejudice to the effect of the notice.

• (2) Omit section 22(3).

• (3) For subsection (5) substitute:—

(5) If, either before or during the hours on the relevant day which are specified in a notice given by an authority as mentioned in subsection (1) of this section, the authority displays notices in the relevant area stating that the prohibition on parking is not to come into force or is to cease to be in force, the effect of the notices under this subsection shall be to prevent the prohibition coming into force or, as the case may be, to terminate it.

• (4) After subsection (6) insert:—

(6A) No authority shall issue a notice under this section whose effect would be to suspend the operation of provisions of an order not made by the highway authority without first consulting the authority who made the order.

• (5) After subsection (8) insert:—

(9) In this section “parking meter", “street parking place" and “traffic sign" have the same meanings respectively assigned to them by sections 36(2)(a), 104(1) and 54 of the Road Traffic Regulation Act 1967.

12

In section 27(1)(b) (interference with receptacles for waste) for “regulations made by virtue of section 13(7)" substitute “ a notice under section 13(1) or (5) ”.

13

In section 28(1), (supplementary provisions relating to pipes), omit “in the prescribed form".

14

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

15

Omit section 73(2)(a) (determination by Secretary of State of questions as to local authority area).

16

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

17

In section 90(2)(b) (interest on sums payable to water or other authorities) for the words from “the rate", in the first place where they occur to the end substitute “ such reasonable rate or rates as the authority may determine ”.

18

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

SCHEDULE 3 — Relaxion of Controls Over Functions Relating to Amenity Etc.

Commons Act 1876 (c. 56)

1

Omit section 8 (surburban commons procedure).

Commons Act 1899 (c. 30)

2

• (1) In section 2 (procedure for making schemes)—

• (a) in subsection (1), omit the second sentence;

• (b) in subsection (2), for “Board of Agriculture" substitute “ council ”;

• (c) in subsection (3), for “Board of Agriculture" and “Board" substitute “ council ”;

• (d) in subsection (4), for “Board of Agriculture" and for “Board", in both places where it occurs, substitute “ Council ”.

• (2) Accordingly, for section 11 substitute—

(11) All expenses of incidental to the preparation and execution of a scheme under this Part of this Act shall be paid by the district council.

3

In section 12 (contributions towards expenses) omit the words “and subject to the approval of the Local Government Board".

National Parks and Access to the Countryside Act 1949 (c. 97)

4

Omit section 37 (power of Minister to expedite maps etc.).

5

In section 61(3), omit paragraph (b) of the proviso (directions as to application of enactments).

6

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

7

For section 69 substitute—

(69) If, upon application made the the county planning authority by any person interested in land comprised in an access agreement or order, or by any other person appearing the that authority to have a sufficient interest in the matter, the authority are satisfied that, by reason of any exceptional conditions of weather for the time being prevailing, access by the public to the land or any part of it is likely to result in fires occurring on it, the authority may direct that subsection (1) of section 60 of this Act shall not have effect in relation to the land during such period as may be specified in the direction.

8

Omit section 79 (access to woodlands).

9

In section 80(3), (variation of access agreements) omit “made with the approval of the Minister".

Caravan Sites and Control of Development Act 1960 (c. 62)

10

• (1) In section 3(2) (issue of site licences by local authorities) for the words from “particulars" to the end substitute “ other information as they may reasonably require. ”.

• (2) In subsections (4) and (5), for “particulars prescribed under" substitute “ information required by virtue of ”.

London Government Act 1963 (c. 33)

11

For section 58(1) (parks and open spaces) substitute—

(1) The Open Spaces Act 1906, except section 14 shall have effect as if the London borough councils and the Greater London Council were included among the local authorities to whom it applies.

Countryside Act 1968 (c. 41)

12

Omit section 17 (access orders: agricultural land).

Caravan Sites Act 1968 (c. 52)

13

For section 9 substitute—

(9) The Secretary of State may, if at any time it appears to him to be necessary so to do, give directions to any local authority to which subsection (1) of section 6 of this Act applies requiring them to provide, pursuant to that section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions ; and any such directions shall be enforceable, on the application of the Secretary of State, by mandamus.

Refuse Disposal (Amenity) Act 1978 (c. 3)

14

In section 3(2) (which empowers a local authority to give notice in the prescribed manner that they propose to remove an abandoned motor vehicle but provides that they shall not be entitled to remove it if the person to whom the notice is given objects to their proposal in the prescribed manner and within the prescribed perriod) omit “in the prescribed manner" and “in the prescribed manner and".

15

Omit section 4(4) (under which the Secretary of State may by regulations require a local authority by whom a vehicle is disposed of to give such information relating to the disposal as may be prescribed to such person as may be prescribed).

16

In section 6(2) (under which a local authority are not entitled to exercise their power too remove refuse other than motor vehicles which is situated on land appearing to the authority to be occupied by any person unless they have given him notice in the prescribed manner that they propose to remove it and he has failed to object to the proposal in the prescribed manner and within the prescribed period) omit “in the prescribed manner" and “in the prescribed manner and".

SCHEDULE 4 — Relaxation of Controls Over Functions Relating to Weights and Measures and Trade

Shops Act 1950 (c. 28)

1

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

Weights and Measures Act 1963 (c. 31)

2

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

Trade Descriptions Act 1968 (c. 29)

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

Consumer Credit Act 1974 (c. 39)

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

Estate Agents Act 1979 (c. 38)

10

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

Weights and Measures Act 1979 (c. 45)

11

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

SCHEDULE 5 — Allotments

Small Holdings and Allotments Act 1908 (c. 36)

1

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

2

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

Land Settlement (Facilities) Act 1919 (c. 59)

3

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

Allotments Act 1922 (c. 51)

4

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

Allotments Act 1925 (c. 61)

5

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

SCHEDULE 6 — Relaxation of Controls Over Charges and Rates of Interest Etc.

Town Police Clauses Act 1847 (c. 89)

1

In section 46 of the Town Police Clauses Act 1847 (drivers of hackney carriages not to act without first obtaining a licence) for the words from “and a fee" to “paid" there shall be substituted the words “ and such fees as the commissioners may determine shall be paid ”.

2

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

Public Health Act 1936 (c. 49)

4

In section 291(3) (rates of interest on charges for works)—

• (a) after the word “such" there shall be inserted the word “ reasonable ”; and

• (b) the proviso shall cease to have effect.

Coast Protection Act 1949 (c. 74)

5

In section 10(2) of the Coast Protection Act 1949 (regulations as to rates of interest) for the words from “rate" to the end there shall be substituted the words “ reasonable rate as may be determined by the authority ”.

Rag Flock and Other Filling Materials Act 1951 (c. 63)

6

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

7

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

Public Libraries and Museums Act 1964 (c. 75)

10

In section 8(2) of the Public Libraries and Museums Act 1964 (charges for services) the words “noot exceeding such amount as may be specified in that behalf by the Secretary of State" shall cease to have effect.

Theatres Act 1968 (c. 54)

11

In paragraph 3 of Schedule 1 to the Theatres Act 1968 (fees for licences) for the words “fee as may be prescribed by the Secretary of State by order made by statutory instrument" there shall be substituted the words “ reasonable fee as the authority may determine ”.

Mines and Quarries (Tips) Act 1969 (c. 10)

12

In section 23(5) of the Mines and Quarries (Tips) Act 1969 (expenses) for the words “rate as may be specified by order made by the Minister" there shall be substituted the words “ reaonable rate as the authority may determine ”.

Poisons Act 1972 (c. 66)

13

• (2) In section 6(2) of that Act for the words “fees as may be prescribed" there shall be substituted the words “ reasonable fees as the authority may determine ”.

Greater London Council (General Powers) Act 1972 (c. xl)

14

In section 19(6)(a) of the Greater London Council (General Powers) Act 1972 (by virtue of which a London borough council may recover expenses in respect of the restoration of gas and electricity services, together with interest) after the word “thereon" there will be inserted the words “ at such reasonable rate as the borough council may determine ”.

Breeding of Dogs Act 1973 (c. 60)

15

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

Local Government (Scotland) Act 1973 (c. 65)

16

In section 121(1) omit the words “section 10(2) of the Coast Protection Act 1949" and “section 23(5) of the Mines and Quarries (Tips) Act 1969".

17

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

Local Government (Miscellaneous Provisions) Act 1976 (c. 57)

21

In the following provisions of the Local Government (Miscellaneous Provisions) Act 1976, namely—

• (a) section 24(6) (expenses in relation to dangerous trees); and

• (b) section 33(3) (expenses in relation to the restoration or continuation of a supply of water, gas or electricity),

for the words “the rate fixed by section 171(2) of the Local Government Act 1972", in both places where they occur, there shall be substituted the words “ such reasonable rate as the council may determine ”.

SCHEDULE 7

Part I — Highways

Relaxation of Ministerial controls over the provision of ferries

1

• (1) So much of section 53 of the National Parks and Access to the Countryside Act 1949 (ferries for purposes of long-distance routes)—

• (a) as makes the exercise of a highway authority’s powers subject to the approval of any Minister; or

• (b) as confers upon any Minster any power to give a local highway authority directions,

shall cease to have effect.

• (2)

Relaxation of Ministerial controls in respect of footpaths and bridleways

2

• (1)

• (2) In section 30 of that Act (which relates to the making up of new footpaths and bridleways)—

• (a) subsections (2) and (3) (which relate to the settlement by the Secretary of State of disputes as to works for that purpose) shall cease to have effect; and

• (b) in subsection (4) (which relates to the carrying out of such works and the recovery of expenses incurred in carrying them out), for the words from the beginning to “thereof", in the first place where it occurs, there shall be substituted the words “ It shall be the duty of the highway authority to carry out any works specified in a certificate under subsection (1) of this section ”.

• (3)

• (5) In section 126 of that Act (authorisation of erection of stiles etc. in footpath or bridleway) subsection (2) which gives the Secretary of State power to determine certain disputes about such authorisation) shall cease to have effect.

• (6) In section 29(4) of the Countryside Act 1968 (by virtue of which a highway authority are required to consult the Minster of Agriculture, Fisheries and Food before refusing to make an order under that section relating to the making giid of the surface of a footpath or bridleway after it has been ploughed up) the words “and the highway authority shall before refusing to make an order under subsection (2) of this section consult the Minister of Agriculture, Fisheries and Food" shall cease to have effect.

Abolition of Ministerial powers in respect of certain expenses

3

• (1)

• (2) The proviso to section 211(3) of that Act (by virtue of which an order may fic the maximum amount to be charged under a charging order in respect of expenditure on street works) shall cease to have effect.

• (3)

Abolition of Ministerial powers in relation to toll highways

4

In section 233 of the Highways Act 1959 (transfer of toll highways to highway authorities)—

• (a) in subsection (2) (by virtue of which a right to charge highway tolls which is transferred to a county council continues to be exercisable for such number of years only as may be allowed, where the county is in England, by the Minister of Transport, and where it is in Wales, by the Secretary of State) the words from “but" to the end shall cease to have effect; and

• (b) in subsection (5) (by virtue of which agreements in relation to toll highways may only be made between two or more county councils with the approval, where their counties are in England, of the Minister of Transport, and where they are in Wales, of the Secretary of State) the words “subject to the approval of the Minister" shall cease to have effect.

5

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

Abolition of certain procedures for settlement of disputes by Minister

6

• (1) This paragraph shall have effect for the purpose of abolishing certain powers of the Seecretary of State or the Minister of Transport to determine disputes.

• (2) The following subsection shall be substituted for section 5(3) of the Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities) :—

(3) Where the consent of the Secretary of State or the Minister of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonable required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.

• (3) In section 108(10) of the Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words “and any question arising under this subsection whether the eithholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect.

• (4) Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect.

• (5)

• (6) Section 29(3) of the Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect.

Abolition of certain Ministerial controls relating to structures on and near highway

7

The following provisions, namely—

• (a) in the Highways Act 1959—

• (i) the proviso to section 73(1) (requirement to notify of proposed building lines for classified roads); and

• (ii) sections 95 and 96 (regulations about cattlegrids);

and

• (b) section 120 of the Transport Act 1968 (orders prescribing minimum heights for parapets of bridges carrying roads over railways);

shall cease to have effect.

Miscellaneous amendments of Highway Acts and associated legislation

8

• (1) Section 280(2), (3) and (4) of the Highways Act 1959 (which give powers ti prescribe the form of various notices, orders, advertisements, certificates and other documents and provise that if forms are prescribed in exercise of those powers, those forms or forms to the like effect shall be used in all cases to which those forms are applicable) shallcease to have effect.

• (2) The following enactments, namely—

• (a) section 288 of the Highways Act 1959;

• (b) section 16(4) of the Highways (Miscellaneous Provisions) Act 1961; and

• (c) Section 85 of the Highways Act 1971,

each of which gives a power to repeal or amend local Acts) shall cease to have effect.

• (3) The repeal of the enactments specified in sub-paragraph (2) above shall not affect any application made under any of them before the passing of this Act; and any power conferred by any of them may accordingly be exercised after the passing of this Act in pursuance of any applciation.

• (4) Any order made under an enactment specified in sub-paragraph (2) above shall continue to have effect notwithstanding the repeal of that enactment.

9

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

Traffic on bridges etc.

14

• (1) The following enactments (which relate to the control of traffic on brisges and, amongst other things, give certak=in powers in relation to its control) shall cease to have effect—

• (a) section 6 of the Locomotive Act 1861;

• (b) section 7 of the Locomotives Act 1898;

• (c) section 11 of the Ministry of Transport Act 1919;

• (d) section 17 of the Road Traffic Regulation Act 1967.

• (2) Nothing in sub-paragraph (1) abvoe shall effect—

• (a) any requirement to obtain consent under section 6 of the Locomotive Act 1861 which subsists at the passing of this Act by virtue of the placing of a notice on any bridge, or an yliability for failure to obtain consent under that section; or

• (b) any appeal to the Minister of Transport or, as the case may be, to the Secretary of State, under section 7 of the Locomotives Act 1898 or section 11 of the Ministry of Transport Act 1919 which is pending on the passing of this Act.

• (3) From the passing of this Act any notice placed on a bridge by authority of a person such as is mentioned in section 6 of the Locomotive Act 1861 shall be deemed to have been placed there—

• (a) if the bridge is outside Greater London, in pursuance of an order under section 1 of the Road Traffic Regulation Act 1984, and

• (b) if it is in Greater London, in pursuance of an order under section 6 of that Act.

• (4) Nothing in this paragraph affects a bridge which does not carry a road (within the meaning of section 142 of the Road Traffic Regulation Act 1984

Miscellaneous

15

• (1) Section 1(9) of the Road Traffic Regulation Act 1967 (power of appropriate Minister to repeal local Acts extending the powers of section 26 of the Road Traffic Act 1960) shall cease to have effect.

• (2) Any order made under section 1(9) of the Road Traffic Regulation Act 1967 shall continue to have effect notwithstanding the repeal of that subsection.

SCHEDULE 8 — Enactments Mentioned in Section 53(11)(c)

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

SCHEDULE 9 — Domestic Rate Relief Grant

Reduction of rates by reference to domestic rate relief grant

1

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

Distribution of domestic rate relief grant

2

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

Apportionment of rate reductions in the City of London by reference to the domestic rate relief grant

3

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

SCHEDULE 10 — Adjustment of Block Grant in Connection with Education etc.

Part I — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part II — Other Adjustments Between Authorities

Introduction

4

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

Expenditure other than on advanced further education

5

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

Expenditure on advanced further education

6

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

Part III — General

Information

7

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

Consultation

8

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

Regulations

9

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

Interpretation

10

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

SCHEDULE 11 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 12 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 13

1

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

9

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

10

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

SCHEDULE 14 — . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 15

1

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

2

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

16

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

17

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

21

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

22

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

23

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

24

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

25

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

SCHEDULE 16 — Bodies to whom Part X Applies

1A

A county borough council.

1B

A corporate joint committee established by regulations under Part 5 of the Local Government and Elections (Wales) Act 2021.

1

A county council.

2

A district council.

3

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

4

A London borough council.

5

The Common Council of the City of London.

5A

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

5B

A joint authority established by Part IV of the Local Government Act 1985.

5BZA

An economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009.

5BZB

A combined authority established under section 103 of that Act.

5BZBA

A combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023.

5BZC

The Greater London Authority.

5BA

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

5BB

The London Fire and Emergency Planning Authority.

5BC

Transport for London.

5BD

A fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004.

5C

A police and crime commissioner.

5CC

The Mayor's Office for Policing and Crime.

5CD

The British Transport Police.

5D

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

6

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

7

A development corporation established under the New Towns Act 1981

8

An urban development corporation established under this Act.

8A

A housing action trust established under Part III of the Housing Act 1988.

9

The Regulator of Social Housing.

9a

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

10

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

11

The Civil Aviation Authority.

12

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

13

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

14

The Coal Authority

15

The British Broadcasting Corporation.

16

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

17

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

17A