Local Government (Miscellaneous Provisions) Act 1982

Part I — Licensing of Public Entertainments

Firemen’s switches for luminous tube signs.

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Part II — Control of Sex Establishments

Control of sex establishments

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• (1) A local authority may resolve that Schedule 3 to this Act is to apply to their area; and if a local authority do so resolve, that Schedule shall come into force in their area on the day specified in that behalf in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).

• (2) A local authority shall publish notice that they have passed a resolution under this section in two consecutive weeks in a local newspaper circulating in their area.

• (3) The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of Schedule 3 to this Act in the local authority’s area.

• (4) The notice shall state the general effect of that Schedule.

• (5) In this Part of this Act “local authority” means—

• (a) the council of a district;

• (b) the council of a London borough; and

• (c) the Common Council of the City of London.

Part III — Street Trading

Power of district council to adopt Schedule 4

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A district council may resolve that Schedule 4 to this Act shall apply to their district and, if a council so resolve, that Schedule shall come into force in their district on such day as may be specified in the resolution.

Part IV — Control of Refreshment Premises

Take-away food shops

Closing hours for take-away food shops

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Closing orders etc.-procedure and appeals

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Contraventions of closing orders

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Late night refreshment houses

Refreshments etc. on licensed premises

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Part V — Fire Precautions

Provisions as to consultation

Consultation between authorities

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• (1) In the Public Health Act 1936—

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

• (i) in subsections (1) and (2), the words “, after consultation with the fore authority, deem satisfactory, regard being had” shall be substituted for the words “ deem satisfactory, regard being had by them ” ; and

• (ii) in subsection (4), after the word “authority” there shall be inserted the words “ after consultation with the fire authority, ” ;

• (b) in subsection (1) of section 60 (means of escape from fire in the case of certain high buildings) after the word “authority”—

• (i) in the first place where it occurs, there shall be inserted the words “ , after consultation with the fire authority, ” ; and

• (ii) in the second place where it occurs, there shall be inserted the words “ , after such consultation ” ; and

• (c) in section 343 (interpretation) the following definition shall be inserted after the definition of “factory”— “ “fire authority” has the meaning assigned to it by section 43(1) of the Fire Precautions Act 1971. ”

• (2) In the Caravan Sites and Control of Development Act 1960—

• (a) the following subsections shall be inserted after subsection (3) of section 5 (power of local authority attach conditions to site licences)—

(3A) The local authority shall consult the fire authority as to the extent to which any model standards relating to fire precautions which have been specified under subsection (6) of this section are appropriate to the land. (3B) If— (a) no such standards have been specified ; or (b) any standard that has been specified appears to the fire authority to be inappropriate to the land, the local authority shall consult the fire authority as to what conditions relating to fire precautions ought to be attached to the site licence instead.

;

• (b) the following subsections shall be added after subsection (6) of that section—

(7) The duty imposed on a local authority by subsection (6) of this section to have regard to standards specified under that subsection is to be construed, as regards standards relating to fire precautions which are so specified, as a duty to have regards to them subject to any advice given by the fire authority under subsection (3A) or (3B) of this section. (8) In this section “fire precautions” means precautions to be taken for any of the purposes specified in paragraph (e) of subsection (1) of this section for which conditions may be imposed by virtue of that subsection.

;

• (c) the following subsection shall be added at the end of section 8 (powers of local authority to alter conditions attached to site licences)—

(5) The local authority shall consult the fire authority before exercising the powers conferred upon them by subsection (1) of this section in relation to a condition attached to a site licence for the purposes set out in section 5(1)(e) of this Act.

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• (d) the following subsection shall be inserted after subsection (2) of section 24 (power of local authorities to provide sites for caravans)—

(2A) Before exercising the power to provide a site conferred on them by subsection (1) of this section the local authority shall consult the fire authority, if they are not themselves the fire authority,— (a) as to measures to be taken for preventing and detecting the outbreak of fire on the site ; and (b) as to the provision and maintenance of means of fighting fire on it.

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• (e) the following definition shall be inserted in section 29 (interpretation of Part I) after the definition of “exiisting site”— “ “fire authority” , in relation to any land, means the authority discharging in the are in which the land is situated the functions of fire authority under the Fire Services Act 1947 ; ”.

Firemen’s switches

Application of section 10

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Firemen's switches for luminous tube signs

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Part VI — ABOLITION OF REGISTRATION OF THEATRICAL EMPLOYERS

Repeal of Theatrical Employers Registration Acts 1925 and 1928

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Part VII — Byelaws

General provisions relating to byelaws

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• (1) Notwithstanding anything in section 298 of the Public Health Act 1936 or section 253 of the Public Health Act 1875 or any other enactment, a constable may take proceedings in respect of an offence against a byelaw made by a relevant local authority under any enactment without the consent of the Attorney General.

• (2) In subsection (1) above “relevant local authority” means—

• (a) a local authority, as defined in section 270 of the Local Government Act 1972; and

• (b) any body that was the predecessor of a local authority as so defined.

• (3) It is immaterial for the purposes of this section that a byelaw was made after the passing of this Act.

Part VIII — Acupuncture, Tattooing, Ear-Piercing and Electrolysis

Application of Part VIII

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• (1) The provisions of this Part of this Act, except this section, shall come into force in accordance with the following provisions of this section.

• (2) A local authority may resolve that the provisions of this Part of this Act which are mentioned in paragraph (a), (b) or (c) of subsection (3) below are to apply to their area; and if a local authority do so resolve, the provisions specified in the resolution shall come into force in their area on the day specified in that behalf in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).

• (3) The provisions that may be specified in a resolution under subsection (2) above are—

• (a) sections 14, 16 and 17 below; or

• (b) sections 15 to 17 below; or

• (c) sections 14 to 17 below.

• (4) A resolution which provides that section 15 below is to apply to the area of a local authority need not provide that it shall apply to all the descriptions of persons specified in subsection (1) of that section; and if such a resolution does not provide that section 15 below is to apply to persons of all of those descriptions, the reference in subsection (2) above to the coming into force of provisions specified in the resolution shall be construed, in its application to section 15 below, and to section 16 below so far as it has effect for the purposes of section 15 below, as a reference to the coming into force of those sections only in relation to persons of the description or descriptions specified in the resolution.

• (5) If a resolution provides for the coming into force of section 15 below in relation to persons of more than one of the descriptions specified in subsection (1) of that section, it may provide that that section, and section 16 below so far as it has effect for the purposes of that section, shall come into force on different days in relation to persons of each of the descriptions specified in the resolution.

• (6) A local authority shall publish notice that they have passed a resolution under this section in two consecutive weeks in a local newspaper circulating in their area.

• (7) The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of the provisions specified in it in the local authority’s area.

• (8) The notice shall state which provisions are to come into force in that area.

• (9) The notice shall also—

• (a) if the resolution provides for the coming into force of section 14 below, explain that that section applies to persons carrying on the practice of acupuncture; and

• (b) if it provides for the coming into force of section 15 below, specify the descriptions of persons in relation to whom that section is to come into force.

• (10) Any such notice shall state the general effect, in relation to persons to whom the provisions specified in the resolution will apply, of the coming into force of those provisions.

• (11) In this Part of this Act “local authority” means—

• (a) the council of a district in England;

• (b) the council of a London borough; and

• (c) the Common Council of the City of London.

Acupuncture

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• (1) A person shall not in any area in England in which this section is in force carry on the practice of acupuncture unless he is registered by the local authority for the area under this section.

• (2) A person shall only carry on the practice of acupuncture in any area in England in which this section is in force in premises registered by the local authority for the area under this section; but a person who is registered under this section does not contravene this subsection merely because he sometimes visits people to give them treatment at their request.

• (3) Subject to section 16(8)(b) below, on application for registration under this section a local authority shall register the applicant and the premises where he desires to practise and shall issue to the applicant a certificate of registration.

• (4) An application for registration under this section shall be accompanied by such particulars as the local authority may reasonably require.

• (5) The particulars that the local authority may require include, without prejudice to the generality of subsection (4) above,—

• (a) particulars as to the premises where the applicant desires to practise; and

• (b) particulars of any conviction of the applicant under section 16 below,

but do not include information about individual people to whom the applicant has given treatment.

• (6) A local authority may charge such reasonable fees as they may determine for registration under this section.

• (7) A local authority may make byelaws for the purpose of securing—

• (a) the cleanliness of premises registered under this section and fittings in such premises;

• (b) the cleanliness of persons so registered and persons assisting persons so registered in their practice;

• (c) the cleansing and, so far as is appropriate, the sterilisation of instruments, materials and equipment used in connection with the practice of acupuncture.

• (8) Nothing in this section shall extend to the practice of acupuncture by or under the supervision of a person who is registered as a medical practitioner or a dentist or to premises on which the practice of acupuncture is carried on by or under the supervision of such a person.

Tattooing, ear-piercing and electrolysis

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• (1) A person shall not in any area in England in which this section is in force carry on the business—

• (a) of tattooing;

• (aa) of semi-permanent skin-colouring;

• (b) of cosmetic piercing; or

• (c) of electrolysis,

unless he is registered by the local authority for the area under this section.

• (2) A person shall only carry on a business mentioned in subsection (1) above in any area in England in which this section is in force in premises registered under this section for the carrying on of that business; but a person who carries on the business of tattooing, semi-permanent skin-colouring, cosmetic piercing or electrolysis and is registered under this section as carrying on that business does not contravene this subsection merely because he sometimes visits people at their request to tattoo them or, as the case may be, to carry out semi-permanent skin-colouring on them, pierce their bodies or give them electrolysis.

• (3) Subject to section 16(8)(b) below, on application for registration under this section a local authority shall register the applicant and the premises where he desires to carry on his business and shall issue to the applicant a certificate of registration.

• (4) An application for registration under this section shall be accompanied by such particulars as the local authority may reasonably require.

• (5) The particulars that the local authority may require include, without prejudice to the generality of subsection (4) above,—

• (a) particulars as to the premises where the applicant desires to carry on his business; and

• (b) particulars of any conviction of the applicant under section 16 below,

but do not include information about individual people whom the applicant has tattooed or given electrolysis or , whose bodies he has pierced or on whom he has carried out semi-permanent skin-colouring .

• (6) A local authority may charge such reasonable fees as they may determine for registration under this section.

• (7) A local authority may make byelaws for the purposes of securing—

• (a) the cleanliness of premises registered under this section and fittings in such premises;

• (b) the cleanliness of persons so registered and persons assisting persons so registered in the business in respect of which they are registered;

• (c) the cleansing and, so far as is appropriate, the sterilisation of instruments, materials and equipment used in connection with a business in respect of which a person is registered under this section.

• (8) Nothing in this section shall extend to the carrying on of a business such as is mentioned in subsection (1) above by or under the supervision of a person who is registered as a medical practitioner or to premises on which any such business is carried on by or under the supervision of such a person.

• (9) In this section “semi-permanent skin-colouring” means the insertion of semi-permanent colouring into a person’s skin.

Provisions supplementary to ss. 14 and 15

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• (1) Any person who contravenes—

• (a) section 14(1) or (2) above; or

• (b) section 15(1) or (2) above,

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

• (2) Any person who contravenes a byelaw made—

• (a) under section 14(7) above; or

• (b) under section 15(7) above,

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

• (3) If a person registered under section 14 above is found guilty of an offence under subsection (2)(a) above, the court, instead of or in addition to imposing a fine under subsection (2) above, may order the suspension or cancellation of his registration.

• (4) If a person registered under section 15 above is found guilty of an offence under subsection (2)(b) above, the court, instead of or in addition to imposing a fine under subsection (2) above, may order the suspension or cancellation of his registration.

• (5) A court which orders the suspension or cancellation of a registration by virtue of subsection (3) or (4) above may also order the suspension or cancellation of any registration under section 14 or, as the case may be, 15 above of the premises in which the offence was committed, if they are occupied by the person found guilty of the offence.

• (6) Subject to subsection (7) below, a court ordering the suspension or cancellation of registration by virtue of subsection (3) or (4) above may suspend the operation of the order until the expiration of the period prescribed by Criminal Procedure Rules for giving notice of appeal to the Crown Court.

• (7) If notice of appeal is given within the period so prescribed, an order under subsection (3) or (4) above shall be suspended until the appeal is finally determined or abandoned.

• (8) Where the registration of any person under section 14 or 15 above is cancelled by order of the court under this section—

• (a) he shall within 7 days deliver up to the local authority the cancelled certificate of registration, and, if he fails to do so, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding £50 and thereafter to a daily fine not exceeding £5; and