Local Government (Miscellaneous Provisions) Act 1982 in Scotland

In the M1Public Health Act 1936—

In the M2Caravan Sites and Control of Development Act 1960—

Notwithstanding anything in section 298 of the M1Public Health Act 1936 or section 253 of the M2Public 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—

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

A person shall not in any area F1in 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 F2in 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.

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—

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.

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—

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.

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 F1level 3 on the standard scale.

The following paragraph shall be substituted for the first paragraph of subsection (1) of section 179 of the Highways Act 1980 (by virtue of which no person may construct a vault, arch or cellar under any street in Greater London or the carriageway of any street outside Greater London without the consent of the appropriate authority)—

“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—

“(5)

As soon as may be after an authority consent to the construction of works to which this section applies under a street they shall give notice of their consent to any public utility undertakers having any apparatus under the street.

(6)

Subject to subsection (7) below, the works to which this section applies are—

(a)

any part of a building ; and

(b)

without prejudice to the generality of paragraph (a) above, a vault, arch or cellar, whether forming part of a building or not.

(7)

This section does not apply to code-regulated works, as defined in section 1(5) of the Public Utilities Street Works Act 1950.”.

The section applies where it appears to a local authority—

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.

In this section and sections 30 and 32 “building” includes structure.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F1 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.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F2

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—

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—

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 M1Public 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—

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—

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.

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—

If such an appeal is brought, the local authority—

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.

If a local authority seek to recover expenses incurred in undertaking works under section 29(2) above in connection with a building—

the person from whom they seek to recover the expenses may apply to the county court for a declaration—

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 following subsection shall be added at the edn of section 20 of the M1Local Government, Planning and Land Act 1980—

“(4)

Notwithstanding anything in subsection (1) above, in this Act “construction or maintainance work” does not include work undertaken by a local authority or a development body pursuant to an agreement made with the Manpower Services Commission on or after 1st April 1982 which specifies the work to be undertaken by the authority or body and under which the Commission has agrees to pay the whole or part of the cost of the work so specified.”.

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.

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.

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—

shall in any way limit the other powers exercisable under any of those Acts.

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—

• “audience” includes an audience of one;

• “display of nudity” means—

  1. (a)

     in the case of a woman, exposure of her nipples, pubic area, genitals or anus; and

  2. (b)

     in the case of a man, exposure of his pubic area, genitals or anus;

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

  1. (a)

     the relevant entertainment; or

  2. (b)

     the premises;

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

• “relevant national authority” means—

  1. (a)

     in relation to England, the Secretary of State; and

  2. (b)

     in relation to Wales, the Welsh Ministers;

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

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—

This sub-paragraph applies—

which—

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.

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.

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.

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.

A person who—

shall be guilty of an offence.

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 F1level 5 on the standard scale.

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.

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.

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.

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.

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—

If the council propose—

they shall first serve a notice on the applicant or, as the case may be, the licence-holder—

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.

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.

Where a licence—

the council may remit or refund, as they consider appropriate, the whole or a part—

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.

A person who—

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 F1level 3 on the standard scale.

section 13 of the M1Markets 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).

F1section 56 of the Food Act 1984(prohibition of certain sales during market hours).

The following subsection shall be added at the edn of section 21 of the M1Local Government, Planning and Land Act 1980 (which exempts small direct labour organisations from the requirements of Part III of that Act)—

“(8)

In this section “year” means a financial year.”.

his paragraph extends to Scotland.