Section 322 Power of Minister to enforce exercise of powers by local authorities, &c., in default.C3 C1 C2

(1)

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

(2)

F2If the Minister is satisfied that any council . . . F3 or joint board have failed to discharge their functions under this Act in any case where they ought to have done so, he may make an order declaring them to be in default and directing them for the purpose of removing the default to discharge such of their functions, and in such manner and within such time or times, as may be specified in the order.

(3)

If a council, authority or board with respect to whom an order has been made under the last preceding subsection fail to comply with any requirement thereof within the time limited thereby for compliance with that requirement, the Minister, in lieu of enforcing the order by mandamus or otherwise, may—

(i)

. . . F4

(ii)

. . . F5, make an order transferring to himself such of the functions of the body in default as may be specified in his order.

Annotations

Textual amendments

F1: Ss. 322(1), 323 repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2
F2: Words substituted by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), s. 27(5)
F3: Words repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
F4: S. 322(3)(i) repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2
F5: Words repealed by Local Government (Miscellaneous Provisions) Act 1976 (c. 57), Sch. 2

Modifications

C1: S. 322 applied by Housing Act 1985 (c. 68, SIF 61), s. 410(2)
C2: S. 322 restored for specified purposes by Water Act 1989 (c. 15, SIF 130), s. 69, Sch. 8 para. 1(3) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)–(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 13(2)(3), 17, 40(4), 57(6), 58)
C3: S. 322 excluded by Clean Air Act 1968 (c. 62), s. 8(7)

Notes on Part XII

Modifications

C1

Pt. XII extended and amended (Greater London) by London Government Act 1963 (c. 33), Sch. 11 Pt. I para. 24; amended by Health and Safety at Work etc. Act 1974 (c. 37), s. 76(1)

C2

Functions of the Minister of Housing and Local Government under Pt. XII in relation to or in consequence of ss. 25, 37, 38, 43, 53-55, 59(1), 60 (so far as it relates to proposed buildings), 61-67, 69-71, 137 now exercisable by Secretary of State: S.I. 1964/263, art. 2(2), Sch. Pt. II and S.I. 1970/1681, art. 2(1)

C3

Functions of the Minister of Housing and Local Government under Pt. XII in relation to s. 59(2)–(4) or s. 60 (so far as it relates to buildings other than proposed buildings) now exercisable by Secretary of State: S.I. 1964/263, art. 3

C4

References to local authorities and their districts in Pt.XII so far as it relates to ss. 15-24, 27-31, 33-36, 42 to be construed respectively as references to water authorities and their areas: Water Act 1973 (c. 37), s. 14(2)

C5