Local Government (Miscellaneous Provisions) Act 1982

[^key-fa4a4ddb791dce69659eab57001ebd61]: Sch. 3 para. 13(3)(d) substituted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(6)(c), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)

[^key-aaa30af30bf8630d9b3bb409bced21d6]: Word in Sch. 3 para. 19 inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(7), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)

[^key-ab1dda6cc5f81e1a10d9ee9c15a0d76a]: Sch. 3 para. 25A inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(8), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)

[^key-6f38142de517cc900fd6c507789c00b2]: Sch. 3 para. 27(10A) inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(9), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)

[^key-0016b6e1b9752cd59704c5911fb96939]: Sch. 3 para. 27A and cross-heading inserted (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), ss. 27(10), 116(4) (with transitional provisions in Sch. 3); S.I. 2010/722, art. 3(a) (with arts. 4-12); S.I. 2010/1375, art. 3(a) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)

[^key-525bd8d91fce91d0b08208d1b5405966]: S. 2 applied (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), s. 116(4), Sch. 3 para. 2(3); S.I. 2010/722, art. 3(b) (with arts. 4-12); S.I. 2010/1375, art. 3(b) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)

[^key-c11c7a4266a0664dc98bcda4ac97425d]: Sch. 3 para. 5 modified (6.4.2010 for E., 8.5.2010 for W.) by Policing and Crime Act 2009 (c. 26), s. 116(4), Sch. 3 para. 2(4); S.I. 2010/722, art. 3(b) (with arts. 4-12); S.I. 2010/1375, art. 3(b) (with transitional and saving provisions in S.I. 2010/1395, arts. 3-11)

[^key-0c0077f44f87c5108dbc07a528a761ad]: Sch. 4 para. 2(5)(ba) inserted (15.1.2012) by Localism Act 2011 (c. 20), s. 240(1)(l), Sch. 22 para. 8

[^key-431f753436fbcbf487e1d326c27938ba]: Words in s. 33(9)(a) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 156; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 44)

[^key-6eccf203c736b4b1cd84b2bed366237d]: Words in s. 41(13) substituted (16.1.2012) by Police Reform and Social Responsibility Act 2011 (c. 13), s. 157(1), Sch. 16 para. 157; S.I. 2011/3019, art. 3, Sch. 1 (with Sch. 2 para. 45)

[^key-682fd86760432b14a22a0f8fc600066e]: Words in Sch. 4 para. 2(5A)(a) inserted (1.4.2012) by Localism Act 2011 (c. 20), s. 240(2), Sch. 19 para. 9; S.I. 2012/628, art. 6(i) (with arts. 9, 11, 14, 15, 17)

[^key-8cb8ed7290b818e606118c7cb68e5f8f]: Sch. 4 applied (with modifications) (28.2.2013) by Reading Borough Council Act 2013 (c. iv), ss. 4, 5

[^key-b3b257a9595437a71daf6b7ee6fc99c3]: Sch. 4 applied (with modifications) (28.2.2013) by Nottingham City Council Act 2013 (c. iii), ss. 4, 5

[^key-7343d807eea9c7dda11f2422ba85560b]: Sch. 4 applied (with modifications) (28.2.2013) by Leeds City Council Act 2013 (c. ii), s. 4 (with s. 3)

[^key-fbf22563d7fa0f2a5d447993c7fbee22]: Sch. 4 applied (with modifications) (28.2.2013) by Canterbury City Council Act 2013 (c. i), s. 4 (with s. 3)

[^key-74813840c6e3e2906d28b3fcc3cbaf21]: Words in Sch. 3 para. 22(1) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 11(2) (with reg. 5(1))

[^key-a1d501df309f3c54f4b593c84c90175f]: Words in Sch. 3 para. 23(2) substituted (12.3.2015) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Fines on Summary Conviction) Regulations 2015 (S.I. 2015/664), reg. 1(1), Sch. 4 para. 11(3) (with reg. 5(1))

[^key-bbf8441cb04bda80d2e80fd4d32f3bc2]: Words in s. 41(13) omitted (26.5.2015) by virtue of Deregulation Act 2015 (c. 20), s. 115(7), Sch. 13 para. 6(16)(c); S.I. 2015/994, art. 6(g)

[^key-88c43c0a06edac53ac27c24d68c0db21]: S. 45(2)(d) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 68; S.I. 2018/227, reg. 4(c)

[^key-78c18e08d3d95344f3b916548dd9b443]: Words in s. 33(9)(a) inserted (31.1.2017 for specified purposes, 3.4.2017 in so ar as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 45; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-57e65292669019b26a61dc9a818f2e8a]: Words in s. 41(13) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 46; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-ab0e7d7394ac6725456567de00af765f]: S. 45(2)(ca) inserted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 1 para. 47; S.I. 2017/399, reg. 2, Sch. para. 38

[^key-683d07727cb7c36ced25514d4bc9aafd]: S. 33 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 6

[^key-e8898e3fd9e0b302d7deeb820efa2d5c]: S. 41 excluded (8.5.2017) by The Greater Manchester Combined Authority (Transfer of Police and Crime Commissioner Functions to the Mayor) Order 2017 (S.I. 2017/470), art. 1(2), Sch. 2 para. 6

[^M_F_86f3bb09-51e3-4cb9-a590-689f19b3e329]: Words in s. 45(2)(b) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

[^M_F_bf578c4e-6c14-4dd3-93d9-47f68a9ae761]: Words in s. 33(9)(a) repealed (1.4.2002) by Criminal Justice and Police Act 2001 (c. 16), s. 138, Sch. 7 Pt. 5, S.I. 2002/344, art. 3 (with art. 4)

[^M_F_3bdda6cd-f9ff-405c-9cf0-38bf6187b9ee]: Words in s. 33(9)(a) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 56(2)(a); S.I. 2009/3318, art. 2(c)

[^M_F_9bcd8dc6-e428-4232-bde7-d26245dda362]: Words in s. 33(9)(b) inserted (17.12.2009) by Local Democracy, Economic Development and Construction Act 2009 (c. 20), s. 148(6), Sch. 6 para. 56(2)(b); S.I. 2009/3318, art. 2(c)

[^M_F_e71ed8a7-add4-4279-9298-c2f8b66732cb]: Words in s. 41(13) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 36 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

[^M_F_df06cbba-e4ba-462b-8b50-3b1aeffb605d]: Words in s. 33(9)(a) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 66; S.I. 2018/227, reg. 4(c)

[^M_F_6cda8ee4-954b-4c6c-a79d-c7e6182414a0]: Words in s. 41(13) substituted (31.1.2017 for specified purposes, 1.4.2018 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 2 para. 67; S.I. 2018/227, reg. 4(c)

[^key-5784d906e3c930bc8f6b9401d47729e2]: Sch. 4 restricted (temp.) (22.7.2020) by Business and Planning Act 2020 (c. 16), ss. 7(3)(a), 25(1) (with ss. 7(4), 10)

[^M_C_61e627a6-de35-4878-ebdb-ead39c6f87f8]: Sch. 3: power to apply with the amendments made by 2009 c. 26, s. 27 (which amendments would otherwise be excluded) conferred (6.4.2010 for E., 8.5.2010 for W.) on a local authority (where that authority has, before the coming into force of 2009 c. 26, s. 27, resolved under s. 2 of this Act that Sch. 3 is to apply to the area of the local authority) by Policing and Crime Act 2009 (c. 26), ss. 27, 116(4), Sch. 3 para. 2; S.I. 2010/722, art. 3(b) (with arts. 4-12); S.I. 2010/1375, art. 3(b)

[^key-3f66c1fb1aa3f9e20f61ff86a2d4eeb3]: Words in Sch. 3 para. 12(1)(c) inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 124; 2020 c. 1, Sch. 5 para. 1(1)

[^key-d6fcf101ea8c5c055a9c4f783eb85066]: Words in Sch. 3 para. 12(1)(d) inserted (31.12.2020) by The Law Enforcement and Security (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/742), regs. 1, 124; 2020 c. 1, Sch. 5 para. 1(1)

[^key-267a34ffd2a94bcfe9c6100360a779e4]: S. 41 excluded (coming into force in accordance with reg. 1 of the amending S.I.) by The Renting Homes (Safeguarding Property in Abandoned Dwellings) (Wales) Regulations 2022 (S.I. 2022/256), reg. 6

[^key-5d384f3a441c4e793524b64671ac4350]: S. 41 excluded (1.12.2022) by The Renting Homes (Safeguarding Property in Abandoned Dwellings) (Wales) Regulations 2022 (S.I. 2022/256), regs. 1, 6 (as amended by S.I. 2022/906, arts. 1(1), 12)

[^key-99cead32a19f947a5256c5164860ff57]: Words in s. 33(9)(a) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 71(a) (with s. 247)

[^key-9d93ccd76de408cdb3fe253a0f4e645a]: Words in s. 33(9)(b) substituted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 71(b) (with s. 247)

[^key-022c413f84659a994e15f6aa9ceea50c]: Words in s. 41(13) inserted (26.12.2023) by Levelling-up and Regeneration Act 2023 (c. 55), s. 255(2)(c), Sch. 4 para. 72 (with s. 247)

[^key-5cc9b3151dd2712c5a23f37ba9e0821f]: Words in s. 15(1) inserted (13.9.2024 for specified purposes, 29.11.2024 in so far as not already in force) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 22(4)(a); S.I. 2024/938, art. 2(1)(k); S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)

[^key-fefdb813023d149b592e842836c29f57]: Words in s. 15(2) inserted (13.9.2024 for specified purposes, 29.11.2024 in so far as not already in force) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 22(4)(b); S.I. 2024/938, art. 2(1)(k); S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)

[^key-bd6a8c88360aad520b2004815f60697a]: Words in s. 13(11)(a) inserted (13.9.2024 for specified purposes, 29.11.2024 in so far as not already in force) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 22(2); S.I. 2024/938, art. 2(1)(k); S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)

[^key-98c38276f06bb515a93b28875b874924]: Words in s. 14(1) inserted (13.9.2024 for specified purposes, 29.11.2024 in so far as not already in force) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 22(3)(a); S.I. 2024/938, art. 2(1)(k); S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)

[^key-46ae9525ef2ae1ef11ac0da67debd322]: Words in s. 14(2) inserted (13.9.2024 for specified purposes, 29.11.2024 in so far as not already in force) by Public Health (Wales) Act 2017 (anaw 2), s. 126(2), Sch. 3 para. 22(3)(b); S.I. 2024/938, art. 2(1)(k); S.I. 2024/1248, art. 2(jj) (with arts. 4, 5)

[^key-b0a968e50938fe99e8b282605c248c55]: Words in s. 37(8) inserted (1.5.2025) by The Town and Country Planning (Fees and Consequential Amendments) Regulations 2025 (S.I. 2025/418), regs. 1(3), 9

[^key-13909b5f4784a835c3cdaf914ae118ab]: Words in s. 33(9)(a) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 31(a)

[^key-0eb6043c0403fab2b4795efbfb46131a]: Words in s. 33(9)(b) omitted (W.) (10.9.2025) by virtue of Legislation (Procedure, Publication and Repeals) (Wales) Act 2025 (asc 3), s. 9(2)(d), Sch. 1 para. 31(b)

Minor amendments and repeals.

Control of sex establishments.

Power of district council to adopt Schedule 4.

Repeal of Theatrical Employers Registration Acts 1925 and 1928.

General provisions relating to byelaws.

Lost and uncollected property.

Meaning of “sexual entertainment venue”

2A

• (1) In this Schedule “sexual entertainment venue” means any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.

• (2) In this paragraph “relevant entertainment” means—

• (a) any live performance; or

• (b) any live display of nudity;

which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).

• (3) The following are not sexual entertainment venues for the purposes of this Schedule—

• (a) sex cinemas and sex shops;

• (b) premises at which the provision of relevant entertainment as mentioned in sub-paragraph (1) is such that, at the time in question and including any relevant entertainment which is being so provided at that time—

• (i) there have not been more than eleven occasions on which relevant entertainment has been so provided which fall (wholly or partly) within the period of 12 months ending with that time;

• (ii) no such occasion has lasted for more than 24 hours; and

• (iii) no such occasion has begun within the period of one month beginning with the end of any previous occasion on which relevant entertainment has been so provided (whether or not that previous occasion falls within the 12 month period mentioned in sub-paragraph (i));

• (c) premises specified or described in an order made by the relevant national authority.

• (4) The relevant national authority may by order amend or repeal sub-paragraph (3)(b).

• (5) But no order under sub-paragraph (4) may—

• (a) increase the number or length of occasions in any period on which sub-paragraph (3)(b) as originally enacted would permit relevant entertainment to be provided; or

• (b) provide for shorter intervals between such occasions.

• (6) The relevant national authority may by order provide for descriptions of performances, or of displays of nudity, which are not to be treated as relevant entertainment for the purposes of this Schedule.

• (7) Any power of the relevant national authority to make an order under this paragraph—

• (a) is exercisable by statutory instrument;

• (b) may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and

• (c) includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

• (8) A statutory instrument containing an order under sub-paragraph (4) may not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (9) A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

• (10) A statutory instrument containing an order under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

• (11) A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

• (12) For the purposes of this paragraph relevant entertainment is provided if, and only if, it is provided, or permitted to be provided, by or on behalf of the organiser.

• (13) For the purposes of this Schedule references to the use of any premises as a sexual entertainment venue are to be read as references to their use by the organiser.

• (14) In this paragraph—

• “audience” includes an audience of one;

• “display of nudity” means—in the case of a woman, exposure of her nipples, pubic area, genitals or anus; andin the case of a man, exposure of his pubic area, genitals or anus;

• “the organiser”, in relation to the provision of relevant entertainment at premises, means any person who is responsible for the organisation or management of—the relevant entertainment; orthe premises;

• “premises” includes any vessel, vehicle or stall but does not include any private dwelling to which the public is not admitted;

• “relevant national authority” means—in relation to England, the Secretary of State; andin relation to Wales, the Welsh Ministers;

and for the purposes of sub-paragraphs (1) and (2) it does not matter whether the financial gain arises directly or indirectly from the performance or display of nudity.

25A

• (1) A person acting under the authority of a warrant under paragraph 25(4) may seize and remove anything found on the premises concerned that the person reasonably believes could be forfeited under sub-paragraph (4).

• (2) The person who, immediately before the seizure, had custody or control of anything seized under sub-paragraph (1) may request any authorised officer of a local authority who seized it to provide a record of what was seized.

• (3) The authorised officer must provide the record within a reasonable time of the request being made.

• (4) The court by or before which a person is convicted of an offence under paragraph 20 or 23 of this Schedule may order anything—

• (a) produced to the court; and

• (b) shown to the satisfaction of the court to relate to the offence;

to be forfeited and dealt with in such manner as the court may order.

• (5) But the court may not order the forfeiture of anything under sub-paragraph (4) if it (whether alone or taken together with other things being forfeited which appear to the court to have been in the custody or control of the same person) is worth more than the amount of the maximum fine specified in paragraph 22(1).

• (6) Sub-paragraph (7) applies if a person claiming to be the owner of, or otherwise interested in, anything that may be forfeited applies to be heard by the court.

• (7) The court may not order the forfeiture unless the person has had an opportunity to show why the order should not be made.

Premises which are deemed sexual entertainment venues

27A

• (1) This paragraph applies if—

• (a) premises are subject to a licence for a sexual entertainment venue; and

• (b) their use would be use as such a venue but for the operation of paragraph 2A(3)(b).

• (2) This Schedule applies as if—

• (a) the premises were a sexual entertainment venue; and

• (b) the use or business of the premises was use as, or the business of, such a venue.

• (3) But the appropriate authority must cancel the licence if the holder of the licence asks them in writing to do so.

• (4) In this paragraph “premises” has the same meaning as in paragraph 2A.

25A

• (1) A person acting under the authority of a warrant under paragraph 25(4) may seize and remove anything found on the premises concerned that the person reasonably believes could be forfeited under sub-paragraph (4).

• (2) The person who, immediately before the seizure, had custody or control of anything seized under sub-paragraph (1) may request any authorised officer of a local authority who seized it to provide a record of what was seized.

• (3) The authorised officer must provide the record within a reasonable time of the request being made.

• (4) The court by or before which a person is convicted of an offence under paragraph 20 or 23 of this Schedule may order anything—

• (a) produced to the court; and

• (b) shown to the satisfaction of the court to relate to the offence;

to be forfeited and dealt with in such manner as the court may order.

• (5) But the court may not order the forfeiture of anything under sub-paragraph (4) if it (whether alone or taken together with other things being forfeited which appear to the court to have been in the custody or control of the same person) is worth more than the amount of the maximum fine specified in paragraph 22(1).

• (6) Sub-paragraph (7) applies if a person claiming to be the owner of, or otherwise interested in, anything that may be forfeited applies to be heard by the court.

• (7) The court may not order the forfeiture unless the person has had an opportunity to show why the order should not be made.

Local land charges registers–computerisation etc.

Temporary markets.

Nuisance and disturbance on educational premises.

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

Extension of duration of local Act powers to assist industry etc.

Consequential repeal or amendment of local statutory provisions.