SEA/RC62/R4 - Engaging the private sector in providing health services to meet national health systems goals
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (2) below, Schedule 1 to this Act shall have effect with respect to the licensing outside Greater London of the public entertainments referred to in that Schedule.
Paragraphs 3 and 4 of the Schedule shall not have effect in the area of a local authority unless the authority so resolve.
If a local authority do so resolve, those paragraphs 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).
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.
The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of the paragraphs in the local authority's area.
The notice shall state the general effect of the paragraphs.
The enactments specified in Schedule 2 to this Act shall have effect subject to the amendments specified in that Schedule, being amendments consequential on subsections (1) to (6) above.
In Schedule 12 to the London Government Act 1963—
in paragraph 10(3) (penalties for offences relating to entertainments held without licences or contravening licences) for " five hundred pounds " there shall be substituted " £1,000 "; and
in paragraph 12(3) (penalty for refusal to permit entry to or inspection of premises) for " twenty pounds " there shall be substituted " £200 ".
Subsection (8) above has effect only in relation to offences committed after 1st January 1983.
So much of any local enactment passed before 1974 as relates to the regulation by means of licensing of public entertainments of any description referred to in Schedule 1 to this Act shall cease to have effect.
In this section " local authority " means—
the council of a district; and
the Council of the Isles of Scilly.
This section shall come into force on 1st January 1983.
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).
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.
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.
The notice shall state the general effect of that Schedule.
In this Part of this Act “local authority” means—
the council of a district;
the council of a London borough; and
the Common Council of the City of London.
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.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A district council may make an order under this subsection (in this Part of this Act referred to as a " closing order ") with respect to any premises in their district where meals or refreshments are supplied for consumption off the premises, other than— if they are satisfied that it is desirable to make such an order to prevent residents in the neighbourhood of the premises being unreasonably disturbed either by persons resorting to the premises or by the use of the premises for the supply of meals or refreshments.
any premises that are a late night refreshment house, as defined in section 1 of the Late Night Refreshment Houses Act 1969 ; and
any premises that are exempt licensed premises as defined in that section,
A closing order shall be an order specifying individual premises and prohibiting the use of the premises for the supply of meals and refreshments to the public between such hours as may be specified in the order.
The hours specified in a closing order shall commence not earlier than midnight and finish not later than 5 o'clock in the morning.
A closing order may prohibit the use of the premises to which it relates for the supply of meals and refreshments to the public between different hours on different days of the week.
A district council may vary a closing order by an order under this subsection (in this Part of this Act referred to as a " variation order ").
A district council may revoke a closing order by an order under this subsection (in this Part of this Act referred to as a " revocation order ").
A variation order or a revocation order may be made on the written application of the keeper of the premises to which the closing order relates, or without such an application.
Subject to subsection (9) below, a closing order shall cease to have effect 3 years from the date on which it was made, but without prejudice to the power of the district council to make a further closing order.
Subsection (8) above shall have effect in relation to a closing order which has been varied as if the reference to the date on which it was made were a reference to the date on which it was last varied.
In this Part of this Act " the keeper ", in relation to any premises, means the person having the conduct or management of the premises.
Until section 7(1) and (2) below come into force this section shall have effect as if the following paragraph were substituted for subsection (1)(b) above—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A district council shall take all relevant circumstances into consideration when determining whether to make— but a council may not make a closing order or such a variation order unless residents in the neighbourhood of the premises to which the order, if made, would relate have complained of disturbance such as is mentioned in section 4(1) above.
a closing order ; or
a variation order which varies a closing order or a previous variation order by specifying—
an hour later than that specified in the order which it varies as the hour at which the use of the premises for the supply of meals and refreshments to the public may begin ; or
an hour earlier than that so specified as the hour at which their use for that purpose is to end,
If a district council propose—
to make a closing order; or
to make such a variation order as is mentioned in subsection (1)(b) above,
“local authority” means—
giving their reasons for seeking to make the order; and
stating that within 28 days of service of the notice the keeper of the premises to which the order, if made, would relate may in writing require them to give him an opportunity to make representations to them concerning the matter.
the Common Council of the City of London; and
the Mayor's Office for Policing and Crime; and.
Where a notice has been served under subsection (2) above, the district council shall not determine the matter until either—
the keeper has made representations to them concerning it; or
the period during which he could have required them to give him an opportunity to make representations has elapsed without his requiring them to give him such an opportunity; or
the conditions specified in subsection (4) below are satisfied.
The conditions mentioned in subsection (3) above are—
that the keeper has required the district council to give him an opportunity to make representations to them ;
that the council have allowed him a reasonable period for making his representations ; and
that he has failed to make them within that period.
Representations may be made, at the keeper's option, either in writing or orally.
If the keeper informs the council that he desires to make oral representations, they shall give him an opportunity of appearing before and of being heard by a committee or subcommittee of the council.
The council shall not reveal to the keeper the name or address of any person who has made a complaint concerning the premises, unless they have first obtained the consent of the person who made the complaint.
Where the keeper of any premises has applied for a variation order or a revocation order, the council shall be deemed to have refused the application if they fail to determine the matter within 8 weeks from the date on which the application was made.
When a council make an order under section 4 above, they shall serve a copy in accordance with subsections (12) to (15) below.
A closing order and any such variation order as is mentioned in subsection (1)(b) above shall come into force 21 days after the date of service.
A variation order other than a variation order such as is mentioned in subsection (1)(b) above and a revocation order shall come into force on such date as may be specified in it.
Any document required to be served under this section shall be served on the keeper of the premises to which it relates and, subject to subsection (13) below, may be served on him by post.
Service of any such document by post may only be effected by sending it in a pre-paid registered letter or by the recorded delivery service.
For the purposes of service any such document may be addressed to the keeper at the premises to which it relates.
The keeper may be addressed either by name or by the description of " the keeper " of the premises (describing them).
An appeal— may be brought to a magistrates' court by the keeper of the premises to which the order relates or would relate.
against a closing order or a variation order ; or
against a refusal by the district council to make a variation order or a revocation order,
No appeal against an order may be brought after it has come into force, and if an appeal is brought against an order, the order shall not come into force until the appeal has been determined or abandoned.
No appeal against a refusal to make a variation order or a revocation order may be brought after the expiry of the period of 21 days from the date on which the keeper was notified of the refusal.
An appeal against a decision of a magistrates' court under this section may be brought to the Crown Court.
On an appeal to the magistrates' court or the Crown Court under this section relating to any premises the court may confirm an order relating to the premises made under section 4 above or set it aside or give directions to the district council as to the making of such an order relating to the premises.
Subject to subsection (22) below, it shall be the duty of the district council to comply with any directions under subsection (20) above.
The district council need not comply with any directions given by the magistrates' court if they bring an appeal against the decision of the magistrates' court to the Crown Court under subsection (19) above within 21 days of the date of the decision.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In the event of a contravention of any of the provisions of a closing order, whether as originally made or as varied by a variation order, the keeper of the premises to which the order relates shall be guilty of an offence.
It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence by himself or by any person under his control.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.
Where an offence under this section which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In section 1 of the Late Night Refreshment Houses Act 1969 (meaning of " late night refreshment house ") for the words from " a house ", in the second place where those words occur, to the end of the section there shall be substituted the words " exempt licensed premises ".
The said section 1, as amended by subsection (1) above, shall be renumbered so as to become section 1(1) of the said Act; and at the end of the resulting subsection (1) there shall be added as subsections (2) and (3)—.
Subsections (1) and (2) above shall come into force at the expiration of the period of three months beginning with the date on which this Act is passed.
Nothing in this section affects premises in Greater London.
In the Public Health Act 1936—
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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
in subsection (4), after the word “authority” there shall be inserted the words “ after consultation with the fire authority, ” ;
in subsection (1) of section 60 (means of escape from fire in the case of certain high buildings) after the word “authority”—
in the first place where it occurs, there shall be inserted the words “ , after consultation with the fire authority, ” ; and
in the second place where it occurs, there shall be inserted the words “ , after such consultation ” ; and
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. ”
In the Caravan Sites and Control of Development Act 1960—
the following subsections shall be inserted after subsection (3) of section 5 (power of local authority attach conditions to site licences)— ;
the following subsections shall be added after subsection (6) of that section— ;
the following subsection shall be added at the end of section 8 (powers of local authority to alter conditions attached to site licences)— ;
the following subsection shall be inserted after subsection (2) of section 24 (power of local authorities to provide sites for caravans)— ; and
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 ; ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A fire authority may resolve that section 10 below is to apply to their area; and if a fire authority do so resolve, that section 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 42 days beginning with the day on which the resolution is passed).
A fire 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.
Any such notice shall state the general effect of section 10 below.
In this section and section 10 below " fire authority " means an authority discharging the functions of fire authority under the Fire Services Act 1947.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
This section applies to apparatus consisting of luminous tube signs designed to work at a voltage normally exceeding 650 volts, or other equipment so designed, and references in this section to a cut-off switch are, in a case where a transformer is provided to raise the voltage to operate the apparatus, references to a cut-off switch on the low-voltage side of the transformer.
No apparatus to which this section applies shall be installed unless it is provided with a cut-off switch.
Subject to subsection (4) below, the cut-off switch shall be so placed, and coloured or marked, as to satisfy such reasonable requirements as the fire authority may impose to secure that it shall be readily recognisable by and accessible to firemen.
If a cut-off switch complies in position, colour and marking with the current regulations of the Institution of Electrical Engineers for a firemen's emergency switch, the fire authority may not impose any further requirements in respect of it under subsection (3) above.
Not less than 42 days before work is begun to install apparatus to which this section applies, the owner or occupier of the premises where the apparatus is to be installed shall give notice to the fire authority showing where the cut-off switch is to be placed and how it is to be coloured or marked.
Where notice has been given to the fire authority as required by subsection (5) above, the proposed position, colouring or marking of the switch shall be deemed to satisfy the require merits of the fire authority unless, within 21 days from the date of the service of the notice, the fire authority have served on the owner or occupier a counter-notice stating that their requirements are not satisfied.
Where apparatus to which this section applies has been installed in premises before the day specified in a resolution under section 9(1) above as the day on which this section is to come into force in the area in which the premises are situated, the owner or occupier of the premises shall, not more than 21 days after that day, give notice to the fire authority stating whether the apparatus is already provided with a cut-off switch and, if so, where the switch is placed and how it is coloured or marked.
Subject to subsection (9) below, where apparatus to which this section applies has been installed in premises before the day specified in a resolution under section 9(1) above as the day on which this section is to come into force in the area in which the premises are situated, the fire authority may serve on the owner or occupier of the premises a notice—
in the case of apparatus already provided with a cut off switch, stating that they are not satisfied with the position, colouring or marking of the switch and requiring him, within such period as may be specified in the notice, to take such steps as will secure that the switch will be so placed and coloured or marked as to be readily recognisable by, and accessible to, firemen in accordance with the reasonable requirements of the fire authority; or
in the case of apparatus not already provided with a cut-off switch, requiring him, within such period as may be specified in the notice, to provide such a cut off switch in such a position and so coloured or marked as to be readily recognisable by, and accessible to, firemen in accordance with the reasonable requirements of the fire authority.
If a cut-off switch complies in position, colour and marking with the current regulations of the Institution of Electrical Engineers for a firemen's emergency switch, the fire authority may not serve a notice in respect of it under subsection (8) above.
Section 290 of the Public Health Act 1936 shall apply to notices given by a fire authority under this section as it applies to the notices mentioned in subsection (1) of that section as if the references in that section to a local authority included references to a fire authority.
This section shall not apply to apparatus installed or proposed to be installed on or in premises in respect of which a licence under the Cinematograph Acts 1909 and 1952 is for the time being in force.
The following persons, namely— shall each be guilty of an offence and liable on summary conviction to a fine not exceeding £200 and to a daily fine not exceeding £20.
any owner and any occupier of premises where apparatus to which this section applies is installed who without reasonable excuse fails to ensure that it complies with subsection (2) above ;
any owner and any occupier of premises who without reasonable excuse fails to comply with subsection (3) above;
In proceedings for an offence under subsection (12) above, it shall be a defence for either the owner or the occupier to show that it would have been equitable for the prosecution to be brought only against the other.
A person charged shall not be entitled to rely on the defence set out in subsection (13) above unless within a period ending 7 clear days before the hearing he has served on the prosecutor notice in writing of his intention so to do.
Any person who without reasonable excuse fails to give a notice required by subsection (5) or (7) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200 unless he establishes that some other person duly gave the notice in question.
Any owner or occupier of premises who without reasonable excuse fails to comply with a notice served on him under subsection (8) above within the period specified in it for compliance with it shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200 and to a daily fine not exceeding £20.
It shall be a defence for a person charged with an offence under this section to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The Theatrical Employers Registration Acts 1925 and 1928 (which require theatrical employers to be registered with certain local authorities) shall cease to have effect.
This section extends to Scotland.
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.
In subsection (1) above “relevant local authority” means—
a local authority, as defined in section 270 of the Local Government Act 1972; and
any body that was the predecessor of a local authority as so defined.
It is immaterial for the purposes of this section that a byelaw was made after the passing of this Act.
The provisions of this Part of this Act, except this section, shall come into force in accordance with the following provisions of this section.
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).
The provisions that may be specified in a resolution under subsection (2) above are—
sections 14, 16 and 17 below; or
sections 15 to 17 below; or
sections 14 to 17 below.
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.
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.
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.
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.
The notice shall state which provisions are to come into force in that area.
The notice shall also—
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
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.
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.
In this Part of this Act “local authority” means—
the council of a district in England;
the council of a London borough; and
the Common Council of the City of London.
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.
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.
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.
An application for registration under this section shall be accompanied by such particulars as the local authority may reasonably require.
The particulars that the local authority may require include, without prejudice to the generality of subsection (4) above,— but do not include information about individual people to whom the applicant has given treatment.
particulars as to the premises where the applicant desires to practise; and
particulars of any conviction of the applicant under section 16 below,
A local authority may charge such reasonable fees as they may determine for registration under this section.
A local authority may make byelaws for the purpose of securing—
the cleanliness of premises registered under this section and fittings in such premises;
the cleanliness of persons so registered and persons assisting persons so registered in their practice;
the cleansing and, so far as is appropriate, the sterilisation of instruments, materials and equipment used in connection with the practice of acupuncture.
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.
A person shall not in any area in England in which this section is in force carry on the business— unless he is registered by the local authority for the area under this section.
of tattooing;
of cosmetic piercing; or
of semi-permanent skin-colouring;
of electrolysis,
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.
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.
An application for registration under this section shall be accompanied by such particulars as the local authority may reasonably require.
The particulars that the local authority may require include, without prejudice to the generality of subsection (4) above,— 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 .
particulars as to the premises where the applicant desires to carry on his business; and
particulars of any conviction of the applicant under section 16 below,
A local authority may charge such reasonable fees as they may determine for registration under this section.
A local authority may make byelaws for the purposes of securing—
the cleanliness of premises registered under this section and fittings in such premises;
the cleanliness of persons so registered and persons assisting persons so registered in the business in respect of which they are registered;
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.
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.
In this section “semi-permanent skin-colouring” means the insertion of semi-permanent colouring into a person’s skin.
Any person who contravenes— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
section 14(1) or (2) above; or
section 15(1) or (2) above,
Any person who contravenes a byelaw made— shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
under section 14(7) above; or
under section 15(7) above,
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.
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.
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.
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.
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.
Where the registration of any person under section 14 or 15 above is cancelled by order of the court under this section—
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
he shall not again be registered by the local authority under section 14 or, as the case may be, 15 above except with the consent of the magistrates’ court which convicted him.
A person registered under this Part of this Act shall keep a copy— prominently displayed at the place where he carries on that practice or business.
of any certificate of registration issued to him under this Part of this Act; and
of any byelaws under this Part of this Act relating to the practice or business in respect of which he is so registered,
A person who contravenes subsection (9) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
It shall be a defence for a person charged with an offence under subsection (1), (2), (8) or (10) above to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.
Nothing in this Part of this Act applies to anything done to an animal.
Subject to subsection (2) below, an authorised officer of a local authority may enter any premises in the authority’s area if he has reason to suspect that an offence under section 16 above is being committed there.
The power conferred by this section may be exercised by an authorised officer of a local authority only if he has been granted a warrant by a justice of the peace.
A justice may grant a warrant under this section only if he is satisfied—
that admission to any premises has been refused, or that refusal is apprehended, or that the case is one of urgency, or that an application for admission would defeat the object of the entry; and
that there is reasonable ground for entry under this section.
A warrant shall not be granted unless the justice is satisfied either that notice of the intention to apply for a warrant has been given to the occupier, or that the case is one of urgency, or that the giving of such notice would defeat the object of the entry.
A warrant shall continue in force— whichever period is the shorter.
for seven days; or
until the power conferred by this section has been exercised in accordance with the warrant,
Where an authorised officer of a local authority exercises the power conferred by this section, he shall produce his authority if required to do so by the occupier of the premises.
Any person who without reasonable excuse refuses to permit an authorised officer of a local authority to exercise the power conferred by this section shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A local authority may resolve that section 19 below is to apply to their area; and if a local authority do so resolve, that section 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).
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.
The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of section 19 below in the local authority's area.
The notice shall state the general effect of that section.
In this Part of this Act " local authority " has the meaning assigned to it by section 85 of the Food and Drugs Act 1955.
Subject to subsection (11) below, in any area in which this section is in force—
no person shall hawk food unless he is registered by the local authority for the area under this section ; and
no premises shall be used as storage accommodation for any food intended for hawking unless the premises are so registered.
For the purposes of this section a person hawks food if for private gain— unless he does so as part of, or as an activity ancillary to, a trade or business carried on by him or some other person on identifiable property.
he goes from place to place selling food or offering or exposing food for sale ; or
he sells food in the open air or offers or exposes food for sale in the open air,
Subsection (1) above applies to a person who hawks food as an assistant to a person registered under this section unless—
he is normally supervised when so doing ; or
he assists only as a temporary replacement.
Any person who without reasonable excuse contravenes subsection (1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.
It shall be a defence for a person charged with an offence under subsection (4) above to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence.
An application for registration under this section shall be accompanied by such particulars as the local authority may reasonably require.
The particulars that the local authority may require include, without prejudice to the generality of subsection (6) above, particulars as to any vehicle to be used by the applicant in connection with food hawking.
A local authority may charge such reasonable fees as they may determine for registration under this section.
An application for premises to be registered under this section shall be made by the person intending to use them as storage accommodation.
On application for registration under this section the local authority shall register the applicant and, if the application is for the registration of premises, those premises, and shall issue to the applicant a certificate of registration.
This section shall not apply—
to the sale or offer or exposure for sale of food—
at a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or order;
at a notified temporary market; or
at a notified pleasure fair ; or
to the sale or offer or exposure for sale of food in or from premises exempt from registration by section 16(3A) of the Food and Drugs Act 1955 or of food prepared or manufactured on such premises; or
to the sale or offer or exposure for sale of food by way of street trading at any place in the area of a local authority by a person whom the local authority have authorised under any enactment to engage in such trading in their area (whether or not they have authorised him to trade at the place where the food was sold or offered or exposed for sale) or by a person acting as an assistant to a person so authorised; or
to premises used as storage accommodation for food prepared for sale as mentioned in paragraphs (a) to (c) above; or
to the sale or offer or exposure for sale of food in containers of such materials and so closed as to exclude all risks of contamination.
In this section—
a police and crime commissioner; and
chewing gum and like products,
section 283 of that Act (notices to be in writing; forms of notices, etc.),
section 288 of that Act (penalty for obstructing execution of Act), and
section 291 of that Act (certain expenses recoverable from owners to be a charge on the premises; power to order payment by instalments),
" notified temporary market" means a temporary market notice of which has been given to the local authority in accordance with section 37(2) below or any other enactment regulating such markets.
The enactments specified in Schedule 5 to this Act shall have effect subject to the amendments there specified, being amendments concerning amenities for certain highways.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
in subsection (2), for the words " Proceedings for the enforcement of" there shall be substituted the words " Subject to subsection (2A) of this section, proceedings for an offence under "; and
the following subsection shall be inserted after that subsection—.
In section 312 of the Highways Act 1980 (restriction on institution of proceedings)—
in subsection (1), for the word “Proceedings” there shall be substituted the words “ Subject to subsection (3) below, proceedings ” ; and
the following subsection shall be inserted after subsection (2)—.
No person shall construct works to which this section applies under any part of a street without the consent of the appropriaet authority, and the authority may by notice served on a person who has constructed such works in contravention of this section require him to remove them, or to alter or deal with them in such a manner as may be specified in the notice.
The words “wotks to which this section applies” shall be substituted for the words “ a vault, arch or cellar ” where occurring in subsections (3) and (4) of that section.
The following subsections shall be substituted for subsection (5) of that section—.
The following section shall be inserted after section 147 of the Highways Act 1980—.
The following subsections shall be substituted for subsections (1) and (2) of section 64 of the Public Health Act 1936 (passing or rejection of plans, and power to retain plans, etc.)—.
In section 65(4) of that Act (by virtue of which, among other things, in any case where plans were deposited, a local authority may not give a notice requiring the pulling down, removal etc. of the work if the plans were passed by the authority) after the word " deposited " there shall be inserted the words " and the work was shown on them ".
This section, and section 47 below, so far as it relates to section 63 of the Health and Safety at Work etc. Act 1974, shall come into operation on such day as the Secretary of State may by order made by statutory instrument appoint.
In section 92(1)(d) of the Public Health Act 1936 (by virtue of which statutory nuisances include any dust or effluvia caused by any trade, business, manufacture or process, being prejudicial to the health of, or a nuisance to, the inhabitants of the neighbourhood) for the words from " being " to " neighbourhood " there shall be substituted the words " injurious, or likely to cause injury, to the public health or a nuisance ".
In section 16(1) of the Clean Air Act 1956 (by virtue of which smoke of certain descriptions is deemed to be a statutory nuisance for the purposes of Part in of the Public Health Act 1936 if it is a nuisance to the inhabitants of the neighbourhood) for the words " a nuisance to the inhabitants of the neighbourhood " there shall be substituted the words " injurious, or likely to cause injury, to the public health or a nuisance ".
The following section shall be substituted for sections 17 and 18 of the Public Health Act 1961—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
The following sections shall be substituted for section 29 of the Public Health Act 1961 (powers of local authority in relation to demolitions)—.
Section 29 of the Public Health Act 1961 shall continue to have effect as if this section had not been enacted in a case where a notice under subsection (1) of that section was served before the commencement of this section.
The section applies where it appears to a local authority—
that any building in their area is unoccupied; or
that the occupier of a building in their area is temporarily absent from it.
Where this section applies and it appears to the local authority that the building— the local authority may undertake works in connection with the building for the purpose of preventing unauthorised entry to it, or, as the case may be, for the purpose of preventing it becoming a danger to public health.
is not effectively secured against unauthorised entry; or
is likely to become a danger to public health,
In this section and sections 30 and 32 “building” includes structure.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . in this section, the sections mentioned in subsection (3) above and section 31 below “local authority” means a district council, a London borough council and the Common Council of the City of London.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
an undertaking that it shall not be used for human habitation is in force by virtue of section 16(4) of the Housing Act 1957 or paragraph 5 of Schedule 24 to the Housing Act 1980 ; or
a closing order is in force by virtue of section 17, 26 or 35 of the Housing Act 1957, section 26 of the Housing Act 1961 or paragraph 6 of Schedule 24 to the Housing Act 1980,
Subject to subsection (8) below, before undertaking any works under subsection (2) above, other than works on land to which section 30 below applies, a local authority shall serve a notice that they propose to undertake works under this section in connection with the building on each owner or occupier of the building.
A notice under subsection (6) above shall specify the works in connection with the building which the local authority propose to undertake.
A local authority need not give any such notice where they consider—
that it is necessary to undertake works immediately in order to secure the building against unauthorised entry or to prevent it from becoming a danger to public health; or
that it is not reasonably practicable to ascertain the name and address of an owner or to trace the whereabouts of an occupier who is absent from the building.
A local authority shall not undertake works specified in a notice under subsection (6) above before the expiry of the period of 48 hours from the service of the notice.
For the purpose of exercising the power conferred on a local authority by this section any person duly authorised in writing by the authority may enter—
the building in connection with which works are to be undertaken;
any land that appears to the local authority to be appurtenant to the building; and
it appears to the local authority to be unoccupied; and
it would be impossible to undertake the works without entering it.
any other land if—
it appears to the local authority to be unoccupied; and
it would be impossible to undertake the works without entering it.
Where the local authority undertake any works under subsection (2) above, they may recover the expenses reasonably incurred in so doing from any person to whom notice was given under subsection (6) above or subsection (2) of section 30 below or to whom notice would have been required to be given but for subsection (8) of this section or subsection (4) of that section.
Section 293 of the Public Health Act 1936 shall have effect in relation to the recovery of expenses under this section as it has effect in relation to the recovery of a sum which a council are entitled to recover under that Act and with respect to the recovery of which provision is not made by any other section of that Act.
In proceedings to recover expenses under this section the court may inquire whether the expenses ought to be borne wholly or in part by some person other than the defendant in the proceedings, and the court may make such order concerning the expenses of their apportionment as appears to the court to be just.
This section applies to operational land—
of the British Railways Board (in this section referred to as “the Board”); . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subject to subsection (4) below, before undertaking any works under section 29(2) above on land to which this section applies a local authority shall serve notice that they propose to undertake works under that section in connection with the building—
on the Board, if the works which they propose to undertake will be undertaken on operational land of the Board; and
in any other case, on the statutory undertakers on whose operational land the works will be undertaken.
A notice under subsection (2) above shall specify the works which the local authority propose to undertake.
A local authority need not give any such notice where they consider that it is necessary to undertake works immediately in order to secure a building against unauthorised entry or to prevent it from becoming a danger to public health.
A local authority shall not undertake works specified in a notice under subsection (2) above before the expiry of the period of 48 hours from the service of the notice on the Board or the statutory undertakers.
In carrying out any works under section 29(2) above on land to which this section applies a local authority shall comply with any reasonable requirement which the Board or, as the case may be, the statutory undertakers may impose for the protection or safety of their undertaking.
In this section “operational land” means, in relation to the Board or the statutory undertakers— not being land which, in respect of its nature and situation, is comparable rather with land in general than with land which is used, or in which interests are held, for the purpose of carrying on such undertakings.
land which is used for the purpose of carrying on their undertaking; and
land in which an interest is held for that purpose,
A person on whom a notice is served under section 29 or 30 above may appeal against the notice to the county court.
No such appeal may be brought after the expiry of the period of 21 days from the date on which the notice was served.
The ground of any such appeal may be—
that the works specified in the notice were not authorised by section 29 above; or
that they were unnecessary; or
that it was otherwise unreasonable for the local authority to undertake them.
If such an appeal is brought, the local authority—
shall cease from any works specified in the notice which they have commenced; and
shall not commence any further works so specified except as provided by subsection (7) below.
The court may make an order confirming or quashing the notice or varying it in such manner as it thinks fit.
An order under subsection (5) above may make such provision as to the recovery of expenses arising in connection with the works specified in the notice as the court thinks fit.
Upon the confirmation or variation of a notice the local authority may commence or recommence the works authorised by the notice as originally served or, as the case may be, as varied by the order of the court.
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004;
where the building is on land to which section 30 above applies, from the Board or the statutory undertakers; or
is executed for the purpose of securing the carrying out of works on land in the council’s area in which the other person has an interest, or
is executed for the purpose of regulating the use of or is otherwise connected with land in or outside the council’s area in which the other person has an interest,
in any other case, from an occupier of the building; and
they did not serve notice of their proposal to undertake the works under section 29(6) or 30(2) above on the Board or, as the case may be, the statutory undertakers or that occupier,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If a local authority seek to recover expenses incurred in undertaking works under section 29(2) above in connection with a building—
" public service vehicle " has the meaning assigned to it by section 1 of the Public Passenger Vehicles Act 1981;
that the works undertaken in connection with the building were unnecessary; or
that it was otherwise unreasonable for the local authority to undertake them.
an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;
No such application may be made after the expiry of the period of 21 days from the date on which the local authority first requested payment of the expenses.
If the court makes a declaration under subsection (1) above, it may make such order as it thinks fit in respect of the payment of the expenses incurred in connection with the works.
The provisions of this section shall apply if a principal council (in the exercise of their powers under section 111 of the Local Government Act 1972 or otherwise) and any other person are parties to an instrument under seal which—
is executed for the purpose of securing the carrying out of works on or facilitating the development or regulating the use of land in the council's area in which the other person has an interest; or
is executed for the purpose of facilitating the development or regulating the use of land outside the council's area in which the other person has an interest; or
is otherwise connected with land in or outside the council's area in which the other person has an interest.
If, in a case where this section applies,— the covenant shall be enforceable (without any limit of time) against any person deriving title from the original covenantor in respect of his interest in any of the land defined as mentioned in paragraph (b) above and any person deriving title under him in respect of any lesser interest in that land as if that person had also been an original covenanting party in respect of the interest for the time being held by him.
the instrument contains a covenant on the part of any person having an interest in land, being a covenant to carry out any works or do any other thing on or in relation to that land, and
the instrument defines the land to which the covenant relates, being land in which that person has an interest at the time the instrument is executed, and
the covenant is expressed to be one to which this section or section 126 of the Housing Act 1974 (which is superseded by this section) applies,
and which is neither executed for the purpose of facilitating nor connected with the development of the land in question.
Without prejudice to any other method of enforcement of a covenant falling within subsection (2) above, if there is a breach of the covenant in relation to any of the land to which the covenant relates, then, subject to subsection (4) below, the principal council who are a party to the instrument in which the covenant is contained may—
enter on the land concerned and carry out the works or do anything which the covenant requires to be carried out or done or remedy anything which has been done and which the covenant required not to be done; and
recover from any person against whom the covenant is enforceable (whether by virtue of subsection (2) above or otherwise) any expenses incurred by the council in exercise of their powers under this subsection.
Before a principal council exercise their powers under subsection (3)(a) above they shall give not less than 21 days notice of their intention to do so to any person—
who has for the time being an interest in the land on or in relation to which the works are to be carried out or other thing is to be done; and
against whom the covenant is enforceable (whether by virtue of subsection (2) above or otherwise).
If a person against whom a covenant is enforceable by virtue of subsection (2) above requests the principal council to supply him with a copy of the covenant, it shall be their duty to do so free of charge.
included a reference to subsections (1) to (4) above and as if any reference in those sections of that Act—
to a local authority were a reference to a principal council; and
to the owner of the premises were a reference to the holder of an interest in land.
Section 16 of the Local Government (Miscellaneous Provisions) Act 1976 shall have effect as if references to a local authority and to functions conferred on a local authority by any enactment included respectively references to such a board as is mentioned in subsection (9) below and to functions of such a board under this section.
In its application to a notice or other document authorised to be given or served under subsection (4) above or by virtue of any provision of the Public Health Act 1936 specified in subsection (6) above, section 233 of the Local Government Act 1972 (service of notices by local authorities) shall have effect as if any reference in that section to a local authority included a reference to the Common Council of the City of London and such a board as is mentioned in the following subsection.
In this section—
“principal council” means the council of a county, district or London borough the Broads Authority, a board constituted in pursuance of section 2 of the Town and Country Planning Act 1990 ..., the Common Council of the City of London , the London Residuary Body, a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004, the London Fire Commissioner, a police and crime commissioner, the Mayor's Office for Policing and Crime, ... ... ... , a joint authority established by Part 4 of the Local Government Act 1985 , an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009 , a combined authority established under section 103 of that Act or a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023 ...; and
“area” in relation to such a board means the district for which the board is constituted ... in relation to the London Residuary Body means Greater London ... , ... and in relation to such a joint authority , economic prosperity board , combined authority or combined county authority means the area for which the authority was established.
Section 126 of the Housing Act 1974 (which is superseded by this section) shall cease to have effect; but in relation to a covenant falling within subsection (2) of that section, section 1(1)(d) of the Local Land Charges Act 1975 shall continue to have effect as if the reference to the commencement of that Act had been a reference to the coming into operation of the said section 126.
In the Local Land Charges Act 1975—
the following subsection shall be substituted for subsection (3) of section (3) (which provides for the keeping of local land charges registers and indexes of such registers)— ;
the following subsection shall be inserted after subsection (1) of section 8 (personal searches)— ;
in subsection (2) of that section, for the words “subsection (1)” there shall be substituted the words “ subsections (1) and (1A) ” ;
in section 10(1) (compensation)—
the following paragraph shall be inserted after paragraph (a)— ; and
the words “ in consequence ” shall be substituted for the words from “by reason” onwards; and
the following subsection shall be inserted after subsection (1) of section 16 (interpretation)—.
in subsection (1), for the words " The Peak Park Joint Planning Board and the Lake District Special Planning Board " there shall be substituted the words " A board constituted in pursuance of section 1 of the Town and Country Planning Act 1971 or reconstituted in pursuance of Schedule 17 to the Local Government Act 1972. "
in subsection (2), for the word's " The Boards " there shall be substituted the words " Any such board ";
in subsection (3), for the words " the Boards were local authorities " there shall be substituted the words " any such board were a local authority "; and
the following subsection shall be added after that subsection—.
In the Town and Country Planning Act 1971—
the following section shall be inserted after section 109—;
in section 269(2) (provisions specified in Part III of Schedule 21 to have effect as if the Isles of Stilly were a district and the Council of the Isles were its council) after the word " Schedule " there shall be inserted the words " and section 109A of this Act ";
the following subsection shall be inserted after subsection (4) of section 280 (rights of entry)—; and
Sections 104 to 109. Sections 110 and 111.
The council of a district or a London borough may resolve that the following provisions of this section shall apply to their district or borough; and if a council so resolve and within 14 days of the passing of the resolution give notice of the resolution by advertising in a local newspaper circulating in their area, those provisions shall come into force in their district or borough on the day specified in the resolution.
Subject to subsection (3) below, any person intending to hold a temporary market in a district or London borough where the provisions of this section have come into force, and any occupier of land in such a district or borough who intends to permit the land to be used as the site of a temporary market or for purposes of that market, shall give the council of the district or the borough not less than one month before the date on which it is proposed to hold the market notice of his intention to hold it or to permit the land to be so used, as the case may be.
No notice is required under subsection (2) above if the proceeds of the temporary market are to be applied solely or principally for charitable, social, sporting or political purposes.
Any notice given under subsection (2) above shall state—
the full name and address of the person intending to hold the market;
the day or days on which it is proposed that the market shall be held and its proposed opening and closing times;
the site on which it is proposed that it shall be held;
the full name and address of the occupier of that site, if he is not the person intending to hold the market.
A person who without giving the notice required by subsection (2) above holds a temporary market or permits land occupied by him to be used as the site of a temporary market shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.
In this section “temporary market” means a concourse of buyers and sellers of articles held otherwise than in a building or on a highway, and comprising not less than five stalls, stands, vehicles (whether movable or not) or pitches from which articles are sold, but does not include—
a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or order; or
a sale by auction of farm livestock or deadstock.
A person holds a temporary market for the purposes of this section if—
he is entitled to payment for any space or pitch hired or let on the site of the market to persons wishing to trade in the market; or
he is entitled, as a person promoting the market, or as the agent, licensee or assignee of a person promoting the market, to payment for goods sold or services rendered to persons attending the market.
This section does not apply to a market held on any land in accordance with planning permission granted on an application made under Part III or, in relation to England, Part 13 of the Town and Country Planning Act 1990.
The following subsection shall be added at the edn of section 20 of the Local Government, Planning and Land Act 1980—.
The words “to (4)” shall accordingly be substituted for the words “ and (3) ” in the definition of “construction or maintainance work” in subsection (1) of that section.
This section extends to Scotland.
In section 140 of the Local Government Act 1972 (insurance by local authorities against accidents to members)—
the following subsection shall be substituted for subsection (1)—
the words in subsection (3) from “but” to the end shall cease to have effect.
The following subsections shall be inserted after that section—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £50.
This section applies to premises, including playgrounds, playing fields and other premises for outdoor recreation—
of a school maintained by a local education authority; or
of a further education establishment provided by such an authority.
If— has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises.
a police constable ; or
subject to subsection (5) below, a person whom a local education authority have authorised to exercise the power conferred by this subsection,
The power conferred by subsection (3) above may also be exercised, in relation to premises of an aided or special agreement school, by a person whom the school governors have authorised to exercise it.
A local education authority may not authorise a person to exercise the power conferred by subsection (3) above in relation to premises of a voluntary school without first obtaining the consent of the school governors.
Except as provided by subsection (7) below, no proceedings under this section shall be brought by any person other than—
a police constable ; or
subject to subsection (8) below, a local education authority.
Proceedings under this section for an offence committed on premises of an aided or special agreement school may be brought by a person whom the school governors have authorised to bring such proceedings.
A local education authority may not bring proceedings under this section for an offence committed on premises of a voluntary school without first obtaining the consent of the school governors.
Expressions used in this section and in the Education Act 1944 have the meanings assigned to them by that Act.
This section shall come into force on the expiry of the period of two months beginning with the date on which this Act is passed.
This section has effect where—
property comes into the possession of a local authority after being found on buildings or premises owned or managed by them; or
property which has been deposited with a local authority is not collected from them in accordance with the terms under which it was deposited.
Where— any right of possession of the property which was vested in a person by virtue of its having been found is extinguished.
property is found on any building or premises owned or managed by a local authority; and
it is subsequently handed over to the authority,
If— the property shall vest in the local authority on the specified date.
the local authority gives the owner or, as the case may be, the depositor of the property notice in writing—
that they require him to collect the property by a date specified in the notice; and
that if he does not do so the property will vest in the local authority on that date; and
he fails to comply with the notice,
The date to be specified in a notice under subsection (3) above shall be not less than one month from the date of the notice.
Where it appears to the local authority, on the date when property comes into their possession as mentioned in paragraph (a) of subsection (1) above, that it is impossible to serve a notice under subsection (3) above, the property shall vest in the authority one month from that date.
Where the local authority are satisfied after reasonable inquiry that it is impossible to serve a notice under subsection (3) above in relation to any property, it shall vest in them six months from the relevant date.
Where— the authority may sell or otherwise dispose of it at such time and in such manner as they think fit.
any property is of a perishable nature; or
to look after it adequately would involve the local authority in unreasonable expense or inconvenience,
Where property is sold or otherwise disposed of under subsection (7) above—
any person to whom the property is transferred shall have a good title to it; and
any proceeds of sale shall vest in the local authority on the day when the property would have vested in them under this section if it had not been sold.
Where any property which came into the possession of a local authority as mentioned in paragraph (a) of subsection (1) above vests in the authority under this section, the authority may give the whole or any part of the property to the person through whom it came into their possession.
Where the proceeds of sale of property which came into the possession of a local authority as mentioned in the said paragraph (a) vest in the authority under this section, the authority may make a payment not exceeding the value of the property to the person through whom it came into their possession.
Where property is claimed by its owner or depositor before it vests in a local authority under this section, he may collect it on payment to the local authority of any sum which they require him to pay in respect of costs incurred by them—
in making inquiries for the purposes of this section or serving any notice under subsection (3) above; and
in looking after the property adequately.
This section shall not apply to any property which is found—
on an aerodrome or in an aircraft on an aerodrome;
in a public service vehicle; or
on any premises belonging to or under the control of Transport for London or of any of its subsidiaries (within the meaning of the Greater London Authority Act 1999).
In this section—
“aerodrome” has the meaning assigned to it by section 28(1) of the Civil Aviation Act 1968;
In section 2(2) of the Public Health Act 1936 (constitution of port health district under port health authority)—
for the words " (i) constitute a port health district consisting of the whole or part of a port" there shall be substituted the words " constitute a port health district consisting of any area, being a port or part of a port, or of two or more such areas, or consisting of such an area or two or more such areas together with so much (being either the whole or any part or parts) of the district or districts of one or more riparian authorities as (not being comprised in that area or any of those areas, as the case may be) is specified in the order "; and
paragraph (ii) shall be omitted.
In section 3(1)(a) of that Act (which specifies the waters and land over which a port health authority is to have jurisdiction) for the words from " waters " to " so specified " there shall be substituted the words " waters and land within the port health district ".
In section 41 of the London Government Act 1963 (port health authority for the Port of London)—
in subsection (1), after the words " Port of London " there shall be inserted the words " together with so much (being either the whole or any part or parts) of the district or districts of one or more riparian authorities as (not being comprised in the Port of London) may be specified in an order made by the Secretary of State ";
in paragraph (a) of that subsection, for the words from " waters " to the end of the paragraph there shall be substituted the words " waters and land within that port health district ";
in paragraph (c) of that subsection, for the words from " mentioned in paragraph (a)" to " so mentioned" there shall be substituted the words " and land within that port health district "; and
at the end of the section there shall be added the following subsection—.
The amendments made by subsections (1) to (3) above shall not affect the validity of any order made under section 2(2) of the Public Health Act 1936, or under section 41 of the London Government Act 1963, before the passing of this Act; but the power conferred by section 9(2) of the said Act of 1936, or by section 90 of the said Act of 1963, to amend or vary orders shall include power to amend or vary any order so made so as to have effect in accordance with the provisions of the Act in question as amended by this section.
In section 3 of the Local Authorities (Land) Act 1963—
the following subsection shall be substituted for subsection (1)— ; and
the following subsections shall be substituted for subsection (3)—.
In section 137 of the Local Government Act 1972 (which gives local authorities power to incur expenditure for certain purposes not otherwise authorised, but limits the expenditure which it authorises)—
the following subsections shall be inserted after subsection (2)— ;
the following subsections shall be inserted after subsection (4)— ; and
in subsection (5), for the words “subsection (4) above” there shall be substituted the words “ this section ”.
A local authority to whom this section applies shall have power and shall be deemed always to have had power to enter into arrangements with ... the Secretary of State under any provision of the Employment and Training Act 1973.
The local authorities to whom this section applies are—
a local authority as defined in section 270(1) of the Local Government Act 1972;
a board constituted in pursuance of section 2 of the Town and Country Planning Act 1990 . . .; ...
an authority established by Part ... IV of the Local Government Act 1985 or by an order under section 10 of that Act;
the Common Council of the City of London.
a body corporate established by an order under section 67 of that Act..
the Broads Authority; ...
a fire and rescue authority created by an order under section 4A of the Fire and Rescue Services Act 2004; and
the London Fire Commissioner.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In each of the enactments to which this subsection applies " 1986 " shall be substituted for " 1984 ".
The enactments to which subsection (1) above applies are—
section 62A of the Isle of Wight County Council Act 1971, so far as it relates to sections 18 to 20 of that Act;
section 11(2) of the County of South Glamorgan Act 1976 ;
section 52 of the Tyne and Wear Act 1976 ;
section 9 of the County of Merseyside Act 1980 ;
section 122(2) of the West Midlands County Council Act 1980;
section 4 of the Cheshire County Council Act 1980 ;
section 8 of the West Yorkshire Act 1980 ; and
section 9 of the Greater Manchester Act 1981.
The enactments specified in Schedule 6 to this Act shall have effect subject to the amendments specified in that Schedule.
The enactments specified in Schedule 7 to this Act are repealed to the extent specified in the third column of that Schedule.
So far as subsection (2) above relates to Parts I and II of Schedule 7 to this Act, it shall come into force on 1st January 1983.
Subsection (2) above extends to Scotland in so far as it relates to any enactment contained in Part IV of Schedule 7 to this Act which so extends.
The Secretary of State may by order—
repeal any provision of a local Act passed before or in the same Session as this Act or of an order or other instrument made under or confirmed by any Act so passed if it appears to him that the provision is inconsistent with or has become unnecessary in consequence of any provision of this Act; and
amend any provision of such a local Act, order or instrument if it appears to him that the provision requires amendment in consequence of any provision contained in this Act or any repeal made by virtue of paragraph (a) above.
An order under subsection (1) above may contain such incidental or transitional provisions as the Secretary of State considers appropriate in connection with the order.
It shall be the duty of the Secretary of State, before he makes an order under subsection (1) above repealing or amending any provision of a local Act, to consult each local authority which he considers would be affected by the repeal or amendment of that provision.
A statutory instrument containing an order under subsection (1) above shall be subject to annulment in pursuance of a resolution of either House of Parliament.
This Act may be cited as the Local Government (Miscellaneous Provisions) Act 1982.
Subject to sections ... 38(3) and 47(4) above, and to paragraph 8(2) of Schedule 6 to this Act, this Act extends to England and Wales only.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a legal personal representative of the deceased has been duly constituted ; or
the licence is transferred to some other person.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
a special order of exemption has been granted in respect of premises under section 74(4) of the Licensing Act 1964 ; and
the premises form all or part of a place in respect of which a licence under paragraph 1 above is for the time being in force,
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
section 3 of the Sunday Entertainments Act 1932 ;
section 7 of the Cinematograph Act 1952 ;
paragraph 1 of Schedule 3 to the Revision of the Army and Air Force Acts (Transitional Provisions) Act 1955 ;
section 182(1) of the Licensing Act 1964 ;
section 12 of the Theatres Act 1968 ; or
section 31 of the Fire Precautions Act 1971.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
" the appropriate authority " means— in relation to any place in England and Wales, the district council for the area in which the place is situated ; or in relation to any place situated in the Isles of Stilly, the Council of the Isles of Stilly ;
" the chief officer of police ", in relation to any place, means the chief officer of police for the police area in which the place is situated;
" the commencement date " means 1st January 1983 ;
Section 1.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
in subsection (1)(a) for the words from " public " to " area " there shall be substituted the words " a public entertainment "; and
in subsection (2)(a) for the words " any enactment mentioned in section 1(1) of this Act" there shall be substituted the words " paragraph 1 of Schedule 12 to the London Government Act 1963 (which provides for the licensing of premises used for public music or dancing in London) or paragraph 1 or 4 of Schedule 1 to the Local Government (Miscellaneous Provisions) Act 1982 (which taken together make similar provision for other areas in England and Wales) ".
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Nothing in this Schedule—
shall afford a defence to a charge in respect of any offence at common law or under an enactment other than this Schedule; or
shall be taken into account in any way—
at a trial for such an offence; or
in proceedings for forfeiture under section 3 of the Obscene Publications Act 1959 or section 5 of the Protection of Children Act 1978; or
in proceedings for condemnation under Schedule 3 to the Customs and Excise Management Act 1979 of goods which section 42 of the Customs Consolidation Act 1876 prohibits to be imported or brought into the United Kingdom as being indecent or obscene; or
shall in any way limit the other powers exercisable under any of those Acts.
In this Schedule “sex establishment” means a sexual entertainment venue, sex cinema or a sex shop.
In this Schedule, “sex cinema” means any premises, vehicle, vessel or stall used to a significant degree for the exhibition of moving pictures, by whatever means produced, which— but does not include a dwelling-house to which the public is not admitted. No premises shall be treated as a sex cinema by reason only—
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. In this paragraph “relevant entertainment” means— 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). The following are not sexual entertainment venues for the purposes of this Schedule— The relevant national authority may by order amend or repeal sub-paragraph (3)(b). But no order under sub-paragraph (4) may— 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. Any power of the relevant national authority to make an order under this paragraph— 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. 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. 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. 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. 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. 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. In this paragraph— 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.
In this Schedule “sex shop” means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating— No premises shall be treated as a sex shop by reason only of their use for the exhibition of moving pictures by whatever means produced. In this Schedule “sex article” means—
In this Schedule— This Schedule applies to hovercraft as it applies to vessels.
Subject to the provisions of this Schedule, no person shall in any area in which this Schedule is in force use any premises, vehicle, vessel or stall as a sex establishment except under and in accordance with the terms of a licence granted under this Schedule by the appropriate authority. Sub-paragraph (1) above does not apply to the sale, supply or demonstration of articles which—
Any person who— may apply to the appropriate authority for them to waive the requirement of a licence. An application under this paragraph may be made either as part of an application for a licence under this Schedule or without any such application. An application under this paragraph shall be made in writing and shall contain the particulars specified in paragraph 10(2) to (5) below and such particulars as the appropriate authority may reasonably require in addition. The appropriate authority may waive the requirement of a licence in any case where they consider that to require a licence would be unreasonable or inappropriate. A waiver may be for such period as the appropriate authority think fit. Where the appropriate authority grant an application for a waiver, they shall give the applicant for the waiver notice that they have granted his application. The appropriate authority may at any time give a person who would require a licence but for a waiver notice that the waiver is to terminate on such date not less than 28 days from the date on which they give the notice as may be specified in the notice.
Subject to sub-paragraph (2) and paragraph 12(1) below, the appropriate authority may grant to any applicant, and from time to time renew, a licence under this Schedule for the use of any premises, vehicle, vessel or stall specified in it for a sex establishment on such terms and conditions and subject to such restrictions as may be so specified. No term, condition or restriction may be specified under sub-paragraph (1) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005 in respect of the premises, vehicle, vessel or stall.
Subject to paragraphs 11 and 27 below, any licence under this Schedule shall, unless previously cancelled under paragraph 16 or 27A below or revoked under paragraph 17(1) below, remain in force for one year or for such shorter period specified in the licence as the appropriate authority may think fit. Where a licence under this Schedule has been granted to any person, the appropriate authority may, if they think fit, transfer that licence to any other person on the application of that other person.
An application for the grant, renewal or transfer of a licence under this Schedule shall be made in writing to the appropriate authority. An application made otherwise than by or on behalf of a body corporate or an unincorporated body shall state— An application made by a body corporate or an unincorporated body shall state— An application relating to premises shall state the full address of the premises. An application relating to a vehicle, vessel or stall shall state where it is to be used as a sex establishment. Every application shall contain such particulars as the appropriate authority may reasonably require in addition to any particulars required under sub-paragraphs (2) to (5) above. An applicant for the grant, renewal or transfer of a licence under this Schedule shall give public notice of the application. Notice shall in all cases be given by publishing an advertisement in a local newspaper circulating in the appropriate authority’s area. The publication shall not be later than 7 days after the date of the application. Where the application is in respect of premises, notice of it shall in addition be displayed for 21 days beginning with the date of the application on or near the premises and in a place where the notice can conveniently be read by the public. Every notice under this paragraph which relates to premises shall identify the premises. Every such notice which relates to a vehicle, vessel or stall shall specify where it is to be used as a sex establishment. Subject to sub-paragraphs (11) and (12) above, a notice under this paragraph shall be in such form as the appropriate authority may prescribe. A copy of an application for the grant, renewal or transfer of a licence under this Schedule shall be sent to the chief officer of police— In sub-paragraph (14) above “relevant electronic facility” means— Any person objecting to an application for the grant, renewal or transfer of a licence under this Schedule shall give notice in writing of his objection to the appropriate authority, stating in general terms the grounds of the objection, not later than 28 days after the date of the application. Where the appropriate authority receive notice of any objection under sub-paragraph (15) above, the authority shall, before considering the application, give notice in writing of the general terms of the objection to the applicant. The appropriate authority shall not without the consent of the person making the objection reveal his name or address to the applicant. In considering any application for the grant, renewal or transfer of a licence the appropriate authority shall have regard to any observations submitted to them by the chief officer of police and any objections of which notice has been sent to them under sub-paragraph (15) above. The appropriate authority shall give an opportunity of appearing before and of being heard by a committee or sub-committee of the authority— Where the appropriate authority refuse to grant, renew or transfer a licence, they shall ... give him a statement in writing of the reasons for their decision ....
Where, before the date of expiry of a licence, an application has been made for its renewal, it shall be deemed to remain in force notwithstanding that the date has passed until the withdrawal of the application or its determination by the appropriate authority. Where, before the date of expiry of a licence, an application has been made for its transfer, it shall be deemed to remain in force with any necessary modifications until the withdrawal of the application or its determination, notwithstanding that the date has passed or that the person to whom the licence is to be transferred if the application is granted is carrying on the business of the sex establishment.
A licence under this Schedule shall not be granted— Subject to paragraph 27 below, the appropriate authority may refuse— The grounds mentioned in sub-paragraph (2) above are— Nil may be an appropriate number for the purposes of sub-paragraph (3)(c) above. In this paragraph “the relevant locality” means—
Subject to the provisions of this Schedule, the appropriate authority may make regulations prescribing standard conditions applicable to licences for sex establishments, that is to say, terms, conditions and restrictions on or subject to which licences under this Schedule are in general to be granted, renewed or transferred by them. No standard condition may be prescribed by regulation under sub-paragraph (1) above in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005. Regulations under sub-paragraph (1) above may make different provision— Without prejudice to the generality of sub-paragraphs (1) and (2) above, regulations under this paragraph may prescribe conditions regulating— Where the appropriate authority have made regulations under sub-paragraph (1) above, every such licence granted, renewed or transferred by them shall be presumed to have been so granted, renewed or transferred subject to any standard conditions applicable to it unless they have been expressly excluded or varied. Where the appropriate authority have made regulations under sub-paragraph (1) above, they shall, if so requested by any person, supply him with a copy of the regulations on payment of such reasonable fee as the authority may determine. In any legal proceedings the production of a copy of any regulations made by the appropriate authority under sub-paragraph (1) above purporting to be certified as a true copy by an officer of the authority authorised to give a certificate for the purposes of this paragraph shall be prima facie evidence of such regulations, and no proof shall be required of the handwriting or official position or authority of any person giving such certificate.
The holder of a licence under this Schedule shall keep exhibited in a suitable place to be specified in the licence a copy of the licence and any regulations made under paragraph 13(1) above which prescribe standard conditions subject to which the licence is held. The appropriate authority shall send a copy of any licence granted under this Schedule to the chief officer of police for the area where the sex establishment is situated.
—In the event of the death of the holder of a licence granted under this Schedule, that licence shall be deemed to have been granted to his personal representatives and shall, unless previously revoked, remain in force until the end of the period of 3 months beginning with the death and shall then expire; but the appropriate authority may from time to time, on the application of those representatives, extend or further extend the period of three months if the authority are satisfied that the extension is necessary for the purpose of winding up the deceased’s estate and that no other circumstances make it undesirable.
The appropriate authority may, at the written request of the holder of a licence, cancel the licence.
The appropriate authority may, after giving the holder of a licence under this Schedule an opportunity of appearing before and being heard by them, at any time revoke the licence— Where a licence is revoked, the appropriate authority shall, if required to do so by the person who held it, give him a statement in writing of the reasons for their decision within 7 days of his requiring them to do so. Where a licence is revoked, its holder shall be disqualified from holding or obtaining a licence in the area of the appropriate authority for a period of 12 months beginning with the date of revocation.
The holder of a licence under this Schedule may at any time apply to the appropriate authority for any such variation of the terms, conditions or restrictions on or subject to which the licence is held as may be specified in the application. Subject to sub-paragraph (4) below, The appropriate authority— The variations that an authority may make by virtue of sub-paragraph (2)(b) above include, without prejudice to the generality of that sub-paragraph, variations involving the imposition of terms, conditions or restrictions other than those specified in the application. No variation is to be made under this paragraph in so far as it relates to any matter in relation to which requirements or prohibitions are or could be imposed by or under the Regulatory Reform (Fire Safety) Order 2005.
An applicant for the grant, variation, renewal or transfer of a licence under this Schedule shall pay a reasonable fee determined by the appropriate authority.
A person who— shall be guilty of an offence.
Any person who, in connection with an application for the grant, renewal or transfer of a licence under this Schedule, makes a false statement which he knows to be false in any material respect or which he does not believe to be true, shall be guilty of an offence.
A person guilty of an offence under paragraph 20 or 21 above shall be liable on summary conviction to a fine. A person who, being the holder of a licence under this Schedule, fails without reasonable excuse to comply with paragraph 14(1) above shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
A person who, being the holder of a licence for a sex establishment— shall be guilty of an offence. A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
A constable may, at any reasonable time, enter and inspect any sex establishment in respect of which a licence under this Schedule is for the time being in force, with a view to seeing— Subject to sub-paragraph (4) below, a constable may enter and inspect a sex establishment if he has reason to suspect that an offence under paragraph 20, 21 or 23 above has been, is being, or is about to be committed in relation to it. An authorised officer of a local authority may exercise the powers conferred by sub-paragraphs (1) and (2) above in relation to a sex establishment in the local authority’s area. No power conferred by sub-paragraph (2) above may be exercised by a constable or an authorised officer of a local authority unless he has been authorised to exercise it by a warrant granted by a justice of the peace. Where an authorised officer of a local authority exercises any such power, he shall produce his authority if required to do so by the occupier of the premises or the person in charge of the vehicle, vessel or stall in relation to which the power is exercised. Any person who without reasonable excuse refuses to permit a constable or an authorised officer of a local authority to exercise any such power shall be guilty of an offence and shall for every such refusal be liable on summary conviction to a fine not exceeding level 5 on the standard scale.
Where an offence under this Schedule committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence. Where the affairs of a body corporate are managed by its members sub-paragraph (1) above shall apply to the acts and defaults of a member in connection with his function of management as if he were a director of the body corporate.
Subject to sub-paragraphs (2) and (3) below, any of the following persons, that is to say— may at any time before the expiration of the period of 21 days beginning with the relevant date appeal to a magistrates' court . An applicant whose application for the grant or renewal of a licence is refused, or whose licence is revoked, on any ground specified in paragraph 12(1) above shall not have a right to appeal under this paragraph unless the applicant seeks to show that the ground did not apply to him. An applicant whose application for the grant or renewal of a licence is refused on either ground specified in paragraph 12(3)(c) or (d) above shall not have the right to appeal under this paragraph. In this paragraph— An appeal against the decision of a magistrates’ court under this paragraph may be brought to the Crown Court. Where an appeal is brought to the Crown Court under sub-paragraph (5) above, the decision of the Crown Court shall be final: and accordingly in section 28(2)(b) of the Senior Courts Act 1981 for the words “or the Gaming Act 1968” there shall be substituted the words “, the Gaming Act 1968 or the Local Government (Miscellaneous Provisions) Act 1982”. On an appeal to the magistrates’ court or the Crown Court under this paragraph the court may make such order as it thinks fit. Subject to sub-paragraphs (9) to (12) below, it shall be the duty of the appropriate authority to give effect to an order of the magistrates’ court or the Crown Court. The appropriate authority need not give effect to the order of the magistrates’ court until the time for bringing an appeal under sub-paragraph (5) above has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal. Where a licence is revoked or an application for the renewal of a licence is refused, the licence shall be deemed to remain in force— Sub-paragraph (10) does not apply if the grounds for refusing an application for the renewal of a licence are those set out in paragraph 12(3)(c) or (d) of this Schedule. Where— the licence shall be deemed to be free of it until the time for bringing an appeal under this paragraph has expired. Where an appeal is brought under this paragraph against the imposition of any such term, condition or restriction, the licence shall be deemed to be free of it until the determination or abandonment of the appeal.
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). 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. The authorised officer must provide the record within a reasonable time of the request being made. The court by or before which a person is convicted of an offence under paragraph 20 or 23 of this Schedule may order anything— to be forfeited and dealt with in such manner as the court may order. 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). 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. The court may not order the forfeiture unless the person has had an opportunity to show why the order should not be made.
Without prejudice to any other enactment it shall be lawful for any person who— to continue to use the premises, vehicle, vessel or stall as a sex establishment until the determination of his application. In this paragraph and paragraph 29 below “the appointed day”, in relation to any area, means the day specified in the resolution passed under section 2 above as the date upon which this Schedule is to come into force in that area.
This paragraph applies to an application for the grant of a licence under this Schedule made before the appointed day. A local authority shall not consider any application to which this paragraph applies before the appointed day. A local authority shall not grant any application to which this paragraph applies until they have considered all such applications. In considering which of several applications to which this paragraph applies should be granted a local authority shall give preference over other applicants to any applicant who satisfies them—
So far as it relates to sex cinemas, this Schedule shall come into force on such day as the Secretary of State may by order made by statutory instrument appoint, and accordingly, until the day so appointed, this Schedule shall have effect— Subject to sub-paragraph (1) above, this Schedule shall come into force on the day on which this Act is passed. Where, in relation to any area, the day appointed under sub-paragraph (1) above falls after the day specified in a resolution passed under section 2 above as the day upon which this Schedule is to come into force in that area, the day so appointed shall, for the purposes of paragraphs 28 and 29 above, be the appointed day in relation to sex cinemas in the area.
This paragraph applies if— This Schedule applies as if— But the appropriate authority must cancel the licence if the holder of the licence asks them in writing to do so. In this paragraph “premises” has the same meaning as in paragraph 2A.
The following are not street trading for the purposes of this Schedule— The reference to trading as a news vendor in sub-paragraph (2)(d) above is a reference to trading where—
A district council may by resolution designate any street in their district as— If a district council pass such a resolution as is mentioned in sub-paragraph (1) above, the designation of the street shall take effect 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). A council shall not pass such a resolution unless— The following are relevant corporations for the purposes of this paragraph— In sub-paragraph (5)(b) above “new towns residuary body” means— The notice referred to in sub-paragraph (3) above— As soon as practicable after the expiry of the period specified under sub-paragraph (6) above, the council shall consider any representations relating to the proposed resolution which they have received before the expiry of that period. After the council have considered those representations, they may, if they think fit, pass such a resolution relating to the street as is mentioned in sub-paragraph (1) above. The council shall publish notice that they have passed such a resolution in two consecutive weeks in a local newspaper circulating in their area. The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of the designation. Where a street is designated as a licence street, the council may resolve— that a street trading licence is not to be granted to any person who proposes to trade in the street for a number of days in every week less than a number specified in the resolution. Sub-paragraphs (3)(a) and (6) to (10) above shall apply in relation to a resolution under sub-paragraph (11)(b) above as they apply in relation to a resolution under sub-paragraph (1) above. Any resolution passed under this paragraph may be varied or rescinded by a subsequent resolution so passed.
An application for a street trading licence or the renewal of such a licence shall be made in writing to the district council. The applicant shall state— If the council so require, the applicant shall submit two photographs of himself with his application. A street trading licence shall not be granted— Subject to sub-paragraph (4) above, it shall be the duty of the council to grant an application for a street trading licence or the renewal of such a licence unless they consider that the application ought to be refused on one or more of the grounds specified in sub-paragraph (6) below. Subject to sub-paragraph (8) below, the council may refuse an application on any of the following grounds— If the council consider that grounds for refusal exist under sub-paragraph (6)(a), (b) or (g) above, they may grant the applicant a licence which permits him— If—
A street trading licence shall specify— If the district council determine that a licence-holder is to confine his trading to a particular place in the street, his street trading licence shall specify that place. Matters that fall to be specified in a street trading licence by virtue of sub-paragraph (1) or (2) above are referred to in this Schedule as the “principal terms” of the licence. When granting or renewing a street trading licence, the council may attach such further conditions (in this Schedule referred to as the “subsidiary terms” of the licence) as appear to them to be reasonable. Without prejudice to the generality of sub-paragraph (4) above, the subsidiary terms of a licence may include conditions— A street trading licence shall, unless previously revoked or surrendered, remain valid for a period of 12 months from the date on which it is granted or, if a shorter period is specified in the licence, for that period. If a district council resolve that the whole or part of a licence street shall be designated a prohibited street, then, on the designation taking effect, any street trading licence issued for trading in that street shall cease to be valid so far as it relates to the prohibited street.
A district council may at any time revoke a street trading licence if they consider— If the council consider that they have ground for revoking a licence by virtue of sub-paragraph (1)(a) or (d) above, they may, instead of revoking it, vary its principal terms— A licence-holder may at any time surrender his licence to the council and it shall then cease to be valid.
When a district council receive an application for the grant or renewal of a street trading licence, they shall within a reasonable time— Where a notice has been served under sub-paragraph (2) above, the council shall not determine the matter until either— The conditions mentioned in sub-paragraph (3)(c) above are— A person aggrieved— may, at any time before the expiration of the period of 21 days beginning with the date upon which he is notified of the refusal or decision, appeal to the magistrates’ court acting for the petty sessions area in which the street is situated. An appeal against the decisions of a magistrates’ court under this paragraph may be brought to the Crown Court. On an appeal to the magistrates’ court or the Crown Court under this paragraph the court may make such order as it thinks fit. Subject to sub-paragraphs (9) to (11) below, it shall be the duty of the council to give effect to an order of the magistrates’ court or the Crown Court. The council need not give effect to the order of the magistrates’ court until the time for bringing an appeal under sub-paragraph (6) above has expired and, if such an appeal is duly brought, until the determination or abandonment of the appeal. If a licence-holder applies for renewal of his licence before the date of its expiry, it shall remain valid— Where— the variation or revocation shall not take effect until the time for bringing an appeal has expired or, where an appeal is duly brought, until the determination or abandonment of the appeal.
An application for a street trading consent or the renewal of such a consent shall be made in writing to the district council. Subject to sub-paragraph (3) below, the council may grant a consent if they think fit. A street trading consent shall not be granted— When granting or renewing a street trading consent the council may attach such conditions to it as they consider reasonably necessary. Without prejudice to the generality of sub-paragraph (4) above, the conditions that may be attached to a street trading consent by virtue of that sub-paragraph include conditions to prevent— The council may at any time vary the conditions of a street trading consent. Subject to sub-paragraph (8) below, the holder of a street trading consent shall not trade in a consent street from a van or other vehicle or from a stall, barrow or cart. The council may include in a street trading consent permission for its holder to trade in a consent street— If they include such a permission, they may make the consent subject to conditions— A street trading consent may be granted for any period not exceeding 12 months but may be revoked at any time. The holder of a street trading consent may at any time surrender his consent to the council and it shall then cease to be valid.
The holder of a street trading licence or a street trading consent may employ any other person to assist him in his trading without a further licence or consent being required.
A district council may charge such fees as they consider reasonable for the grant or renewal of a street trading licence or a street trading consent. A council may determine different fees for different types of licence or consent and, in particular, but without prejudice to the generality of this sub-paragraph, may determine fees differing according— A council may require that applications for the grant or renewal of licences or consents shall be accompanied by so much of the fee as the council may require, by way of a deposit to be repaid by the council to the applicant if the application is refused. A council may determine that fees may be paid by instalments. Where a consent is surrendered or revoked, the council shall remit or refund, as they consider appropriate, the whole or a part of any fee paid for the grant or renewal of the consent. A council may recover from a licence-holder such reasonable charges as they may determine for the collection of refuse, the cleansing of streets and other services rendered by them to him in his capacity as licence-holder. The council may determine— Before determining charges to be made under sub-paragraph (6) above or varying the amount of such charges the council— A notice under sub-paragraph (9) above shall specify a reasonable period within which representations concerning the proposed charges may be made to the council. It shall be the duty of a council to consider any such representations which are made to them within the period specified in the notice.
It shall be a defence for a person charged with an offence under sub-paragraph (1) above to prove that he took all reasonable precautions and exercised all due diligence to avoid commission of the offence. Any person who, in connection with an application for a street trading licence or for a street trading consent, makes a false statement which he knows to be false in any material respect, or which he does not believe to be true, shall be guilty of an offence. A person guilty of an offence under this paragraph shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.
Nothing in this Schedule shall affect—
section 13 of the Markets and Fairs Clauses Act 1847 (prohibition of sales elsewhere than in market or in shops etc.) as applied by any other Act;(4 & 5 Eliz. 2).
section 56 of the Food Act 1984(prohibition of certain sales during market hours).
Section 20.
The following shall be inserted after section 115 of the Highways Act 1980—.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Section 213 of that Act (provision of amenity for highway reserved to pedestrians) shall cease to have effect, and " 212 " shall accordingly be substituted for " 213 " in Part II of Schedule 21.
Section 47.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
In subsection (1)(c) of section 169 of that Act (provision for removal to hospital of persons suffering from notifiable disease where serious risk of infection) after the word " hospital" there shall be inserted the words " vested in the Secretary of State, ".
In section 160(3) of that Act (which provides in certain cases for the recovery of a sum in respect of disinfecting a public conveyance) for the words " in a summary manner" there shall be substituted the words " summarily as a civil debt ".
In section 267 of that Act (application to ships and boats of certain provisions of Act), in paragraph (a) of subsection (3), after the words “county, of the” there shall be inserted the words “ port health authority or ” ; and at the end of that section there shall be added the following subsection—.
In section 346(1)(c) of that Act (by virtue of which, among other things, an order, rule or regulation which was made under any enactment repealed by that Act but which could have been made under a corresponding provision of that Act has effect as if it had been made under that corresponding provision) after the word “regulation” there shall be inserted the word “ byelaw, ”.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
by inserting the words " and paragraph 8 of Schedule 16 to the Local Government Act 1972 " after the word " Act " in section 10(7); and
in the provisions specified in the first column of the Table below, by substituting the corrected text set out in the third column for the portion of the text indicated in the second column. Provision of 1971 Act Text to be corrected Corrected text Section 7(4) (3)(a) (1A)(a) Section 15(3) The words from the beginning to " the provisions of" Subject to subsection (4) of this section and to section 15A of this Act, Section 15A(6) mentioned in subsection (4) specified in subsection (7) Section 15A(7) (3) above (6) of this section Section 23(9) served issued Section 177(2)(a) 88(1) 88(2) Section 242(3)(f) section 88(5)(a) of this Act paragraph (a) of section 88B(1) of this Act or to discharge a condition or limitation under paragraph (b) of that subsection. Section 242(3)(h) The words from " under subsection (5)(a)" onwards. to grant listed building consent under paragraph (a) of section 97A(4) of this Act or to discharge a condition or limitation under paragraph (b) of that subsection. Schedule 4, paragraph 12(2) 15A(3) 15A(6)
The following subsection shall be added at the edn of section 21 of the Local Government, Planning and Land Act 1980 (which exempts small direct labour organisations from the requirements of Part III of that Act)—. his paragraph extends to Scotland.
Section 47.
Chapter Short title Extent of repeal 53 & 54 Vict. c. 59. Public Health Acts Amendment Act 1890. Section 51. 16 & 17 Geo. 5. c. 31. Home Counties (Music and Dancing) Licensing Act 1926. The whole Act. 12, 13 & 14 Geo. 6. c. 101. Justices of the Peace Act 1949. In section 41, in subsection (1), the words “or music and dancing licence” , in subsection (4) the words from “and the” to the end and subsection (5). 1964 c. 26. Licensing Act 1964. In section 77 the words from “in any area” to “dancing”. In section 78 the words from “and which are” to “dancing”. Section 79(7). 1966 c. 42. Local Government Act 1966. In Schedule 3, in Part II, paragraphs 10 and 27. 1967 c. 19. Private Places of Entertainment (Licensing) Act 1967. Section 6. 1967 c. 80. Criminal Justice Act 1967. In Schedule 3, in Part I, the entries relating to the Public Health Acts Amendment Act 1890 and the Home Counties (Music and Dancing) Licensing Act 1926. 1972 c. 70. Local Government Act 1972. Section 204(7). In Schedule 14, in Part II, paragraph 24(c), paragraph 25(2)(b) and paragraph 26(b). In Schedule 25, in Part II, paragraphs 10 to 12. In Schedule 29, paragraph 27. 1974 c. 7. Local Government Act 1974. In Schedule 6, paragraph 3. 1980 c. 43. Magistrates’ Courts Act 1980. In Schedule 6, in Part III, paragraph 2.
Chapter Short title Extent of repeal 1976 c. xxxi. Royal County of Berkshire (Public Entertainment) Provisional Order Confirmation Act 1976. The whole Act. 1976 c. xxxv. County of South Glamorgan Act 1976. Sections 15 to 23. In section 24, the words “this Part of this Act or”. In section 66(2)(b), the words “Part IV (Music and dancing licences in Cradiff);”. In Schedule 3, in Part I, the words “Section 19 (Fines under Part IV of Act);”. 1979 c. xxiii. Greater London Council (General Powers) Act 1979. Paragraph (b) of section 3. 1980 c. x. County of Merseyside Act 1980. Sections 73 to 80. In section 81(1) the words “of entertainment licence, or”. In section 137(2), the words “Section 76 (Offences under Part XI);”. 1980 c. xi. West Midland County Council Act 1980. Sections 59 to 66. In section 67(1), the words “of an entertainment licence or”. Section 93. In section 116(2), the words “Section 62 (Offences under Part VIII);”. 1980 c. xiii. Cheshire County Council Act 1980. Sections 32 to 39. In section 40(1), the words “of an entertainment licence or”. In section 108(2), the words “Section 35 (Offences under Part VII);”. 1980 c. xiv. West Yorkshire Act 1980. Sections 25 to 32. In section 33(1), the words “of an entertainment licence or”. In Schedule 3, the words “Section 28 (Offences under Part VII);”. 1980 c. xxxvii. South Yorkshire Act 1980. Section 48. 1981 c. ix. Greater Manchester Act 1981. Section 107 to 114. In section 115(1), the words “off an entertainment licence or”. In section 179(2), the words “Section 110 (Offences under Part XIII);”. 1981 c. xviii. County of Kent Act 1981. Sections 63 to 70. In section 71(1), the words “of an entertainment licence or”. In section 128(2) the words “Section 66 (Offences under Part X);”. 1981 c. xxv. East Sussex Act 1981. Section 30.
Chapter Short title Extent of repeal 1980 c. xi. West Midlands County Council Act 1980. Section 51.
Chapter Short title Extent of repeal 15 & 16 Geo . 5. c. 50. Theatrical Employers Registration Act 1925. The whole Act. 18 & 19 Geo. 5. c. 46. Theatrical Employers Registration (Amendment) Act 1928. The whole Act. 1968 c. 54. Theatres Act 1968. In Schedule 2, the entry relating to the Theatrical Employers Registration Act 1925. 1971 c. 23. Courts Act 1971. In Schedule 9, the entry relating to the Theatrical Employers Registration Act 1925. 1972 c. 70. Local Government Act 1972. IN section 204(6), the words from “and in the definition” to the end. 1972 c. 71. Criminal Jusitce Act 1972. In Schedule 5, the entry relating to the Theatrical Employers Registration Act 1925. 1973 c. 65. Local Government (Scotland) Act 1973. In Schedule 24, in Part III, paragraph 35. 1980 c. 65. Local Goverment, Planning and Land Act 1980. In Schedule 6, paragraphs 2 amnd 3.
Chapter Short title Extent of repeal 1980 c. x. County of Merseyside Act 1980. Section 29. 1980 c. xiii. Cheshire County Council Act 1980. Section 31. 1980 c. xxxvii. South Yorkshire Act 1980. Section 44. 1981 c. ix. Greater Manchester Act 1981. Section 57. 1981 c. xviii. County of Kent Act 1981. Section 26. 1981 xxv. East Sussex Act 1981. Section 91. 1982 c. iii. Humberside Act 1982. Section 46.
Chapter Short title Extent of repeal 1976 c. xxxv. County of South Glamorgan Act 1976. Section 56. 1979 c. xxiii. Greater London Council (General Powers) Act 1979. Section 5. Section 9. 1980 c. x. County of Merseyside Act 1980. Sections 11 and 12. 1980 c. xi. West Midlands County Council Act 1980. Sections 7 and 8. 1980 c. xiii. Cheshire County Council Act 1980. Section 10. 1980 c. xiv. West Yorkshire Act 1980. Sections 13 and 14. 1980 c. xv. Isle of Wight Act 1980. Sections 11 and 12. 1980 c. xxxvii. South Yorkshire Act 1980. Sections 11 and 12. 1980 c. xliii; Tyne and Wear Act 1980. Sections 7 to 9. 1981 c. ix. Greater Manchester Act 1981. Sections 17 to 19. 1981 c. xviii. County of Kent Act 1981. Sections 8 and 9. 1981 c. xxv. East Suusex Act 1981. Sections 4 and 5. 1982 c. iii. Humberside Act 1982. Sections 31 to 33. 1982 c. iv. County of Avon Act 1982. Sections 4 and 35.
Chapter Short title Extent of repeal 1980 c. x. County of Merseyside Act 1980. Section 14. 1980 c. xi. West Midlands County Council Act 1980. Section 10. 1980 c. xiii. Cheshire County Council Act 1980. Section 9. 1980 c. xv. Isle of Wight Act 1980. Section 51. 1980 c. xxxvii. South Yorkshire Act 1980. Section 13. 1981 c. ix. Greater Manchester Act 1981. Section 20. 1981 c. xviii. County of Kent Act 1981. Section 11. 1981 c. xix. South Yorkshire Act 1981. In the Table, the entries relating to section 13(1) and 92) of the South Yorkshire Act 1980. 1981 c. xxv. East Sussex Act 1981. Section 6.
Chapter Short title Extent of repeal 1980 c. xi. West Midlands County Council Act 1980. Section 17. 1980 c. xiii. Cheshire County Council Act 1980. Section 24. 1980 c. xxxvii. South Yorkshire Act 1980. Section 35. 1981 c. xxxiv. Derbyshire Act 1981. Section 18. 1982 c. iii. Humberside Act 1982. Section 38. 1982 c. iv. County of Avon Act 1982. Section 24.
Chapter Short title Extent of repeal 1980 c. xiv. West Yorkshire Act 1980. Section 45. 1980 c. xxxvii. South Yorkshire Act 1980. Section 23. 1980 c. xliii. Tyne and Wear Act 1980. Section 14. 1981 c. ix. Greater Manchester Act 1981. Section 33. 1981 c. xxv. East Sussex Act 1981. Section 16.
Chapter Short title Extent of repeal 1967 c. xx. Greater London Council (General Powers) Act 1967. Section 24. 1980 c. xiv. West Yorkshire Act 1980. Section 10. 1980 c. xxxvii. South Yorkshire Act 1980. Section 40. 1980 xliii. Tyne and Wear Act 1980. Section 15. 1981 c. ix. Greater Manchester Act 1981. Section 46. 1981 c. xviii. County of Kent Act 1981. Sections 24 and 25. 1981 c. xxxv. East Sussex Act 1981. Section 15. 1982 c. iv. County of Avon Act 1982. Section 26.
Chapter Short title Extent of repeal 1976 c. xxxv. County of South Glamorgan Act 1976. Section 28. 1980 c. x. County of Merseyside Act 1980. Section 17. 1980 c. xiii. Cheshire County Council Act 1980. Section 26. 1980 c. xxxvii. South Yorkshire Act 1980. Section 30. 1980 c. xliii. Tyne and Wear Act 1980. Section 20. 1981 c. ix. Greater Manchester Act 1981. Section 39. 1981 c. xviii. County of Kent Act 1981. Section 27. 1981 c. xxxiv. Derbyshire Act 1981. Section 17. 1982 c. iii. Humberside Act 1982. Section 43.
Chapter Short title Extent of repeal 1980 c. xiii. Cheshire County Council Act 1980. Section 94. 1980 c. xv. Isle of Wight Act 1980. Section 17. 1981 c. xviii. County of Kent Act 1981. Section 4. 1982 c. iii. Humberside Act 1982. Section 50. 1982 c. iv. County of Avon Act 1982. Section 46.
Chapter Short title Extent of repeal 1980 c. xiv. West Yorkshire Act 1980. Section 82. 1980 c. xxxvii. South Yorkshire Act 1980. Section 90. 1981 c. xxv. East Sussex Act 1981. Section 90.
Chapter Short title Extent of repeal 1980 c. xxxvii. South Yorkshire Act 1980. Section 94. 1980 c. xliii. Tyne and Wear Act 1980. Section 22. 1981 c. xviii. County of Kent Act 1981. Section 31.
Chapter Short title Extent or repeal 1980 c. xi. West Midlands County Court Act 1980. Section 68. 1980 c. xiv. West Yorkshire Act 1980. Section 52. 1980 c. xv. Isle of Wight Act 1980. Section 47. 1980 c. xxxvii. South Yorkshire Act 1980. Section 83. 1981 c. ix. Greater Manchester Act 1981. Section 95. 1982 c. iii. Hummberside Act 1982. Section 54.
Chapter Short title Extent of repeal 1936 c. 49. Public Health Act 1936. In section 2(2), paragraph (ii). 1971 c. 78. Town and Country Planning Act 1971. Section 213. 1972 c. 70. Local Government Act 1972. In section 140(3), the words from “but” to the end. In Schedule 16, paragraph 9(2). 1974 c. 37. Health and Safety at Work etc. Act 1974. Section 63(1) to (4). 1974 c. 44. Housing Act 1974. Section 126. 1975 c. 76. Local Land Charges Act 1975. In Schedule 1, in the entry relating to the Housing Act 1974, paragraph (e). 1976 c. 57. Local Government (Miscellaneous Provisions) Act 1976. Section 8. Section 43. 1980 c. 65. Local Government, Planning and Land Act 1980. In section 88(2)(b), the words from “in”, in the second place where it occurs, to “proposed)” and the words “in each subsection”. In Schedule 14, paragraph 11(a).