OpenLegislation

Section 6 Operation and regulation of the market facility at a new site

Original text. Later amendments are not shown.

(1)

Subject to the provisions of this Act, where the Market is relocated to a new site in accordance with section 3, all rights and privileges vested in the Council in relation to the Market at the existing site (excluding any lease, tenancy at will or licence at the existing site) are vested in the Council in respect of the Market at the new site.

(2)

Following relocation of the Market to a new site in accordance with section 3, Part III of the Food Act 1984 applies to the Market at that new site as if the Market had been established at that site under section 50 of that Act.

(3)

Without prejudice to any other powers available to it, the Council may–

(a)

use, lay out, maintain, hold and develop a new site for the purposes of a market facility, or for any other purpose that is consistent with the operation of a market facility in accordance with section 3(2)(b) of this Act;

(b)

provide, maintain, alter or improve any market facility belonging to the Council at a new site;

(c)

permit the new site to be used for such purposes as it sees fit (without prejudice to section 3(2)(b) of this Act);

(d)

grant a lease or licence for any period upon such terms and conditions as it determines in respect of—

(i)

a new site or any part of a new site (including any market facility belonging to the Council); or

(ii)

the right of selling or holding sales of things authorised to be sold at a new site;

(e)

where such a lease or licence is entered into, transfer to the lessee, on such terms as it sees fit, any functions of the Council or of any of its officers in relation to a new site;

(f)

sell, lease, exchange or otherwise dispose of a new site, or part of it, in such manner and for such consideration as it determines (without prejudice to the rights of any other person over the land); and

(g)

enter into a composition with any person with respect to the payment of any charges which the Council may demand under Part III of the Food Act 1984.

(4)

The Council may―

(a)

appoint another person to operate a market facility on a new site or manage a new site, and

(b)

delegate in writing any of its functions consequential on such an appointment to that person,

to such extent, and subject to such conditions and restrictions, as the Council considers appropriate.