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The Isles of Scilly (Refuse Disposal (Amenity) Act 1978) Order 1984.

S.I. 1984/288 · Made 7 March 1984

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ROAD TRAFFIC

Made 7th March 1984

Coming into Operation 1st April 1984

The Secretary of State, after consultation with the Council of the Isles of Scilly, in exercise of his powers under section 9 of the Refuse Disposal (Amenity) Act 1978 and of all other powers enabling him in that behalf, hereby orders as follows:—

Contents

  1. 1Citation and commencement
  2. 2Application of certain provisions of Refuse Disposal (Amenity) Act 1978
  3. Signature
  4. Schedule Schedule
  5. Explanatory note

1Citation and commencement

This order may be cited as the Isles of Scilly (Refuse Disposal (Amenity) Act 1978) Order 1984 and shall come into operation on 1st April 1984.

2Application of certain provisions of Refuse Disposal (Amenity) Act 1978

The provisions of the Refuse Disposal (Amenity) Act 1978 mentioned in column 1 of the Schedule hereto shall apply to the Isles of Scilly subject to the modifications set out in column 2 of that Schedule as if the Isles were a district.

Signature

Patrick Jenkin

Secretary of State for the Environment

7th March 1984

PROVISIONS APPLIEDMODIFICATIONS
(1)(2)
Section 2(1) and (2)—
Section 3(1) to (3), (5) and (8)In subsection (3) the words “within the meaning of the Highways Act 1980” shall be omitted.
Section 4(1) to (3) and (5) to (7)—
Section 5(1) to (4)In subsections (1) and (3) for the words ‘the appropriate authority’ there shall be substituted the words ‘the local authority’; and in subsection (4) the definition of “the appropriate authority” shall be omitted.
Section 6(1) to (4), (6) and (8)In subsection (6) paragraph (b) shall be omitted and in subsection (8) paragraph (b) shall be omitted.
Section 10—
Section 11

(a) the definitions of “the Common Council” and “highway” shall be omitted;

(b) there shall be inserted immediately before the definition of “licence” the following definition—

  • ‘‘“carriageway” means a way constituting or comprised in a highway being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;’; ’ means a way constituting or comprised in a highway being a way (other than a cycle track) over which the public have a right of way for the passage of vehicles;’;

(c) for the definition of “local authority” there shall be substituted ‘“local authority” means the Council of the Isles of Scilly;’;

(d) for the definition of “the relevant date” there shall be substituted the following definition—

  • ‘‘“the relevant date” means such day as the Secretary of State may by order appoint.’ ’ means such day as the Secretary of State may by order appoint.’

Explanatory note

Section 9 of the Refuse Disposal (Amenity) Act 1978 empowers the Secretary of State, after consultation with the Council of the Isles of Scilly, to provide by order that any provision of the Act specified in the order shall apply to the Isles, subject to such modifications as may be so specified. This order applies to the Isles the provisions of the Act set out in the Schedule to the order, modified as also set out therein, as if the Isles were a district. These provisions relate to the unauthorised dumping of vehicles and other refuse and the removal of such vehicles and refuse by local authorities.