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^^^^^^^^^W 6 September 1982
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Sir
HOME OFFICE CIRCULAR NO 62/82
DOE CIRCULAR NO 19/82
WELSH OFFICE CIRCULAR NO 3H/82
LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982
We are directed by the Secretary of State to draw to your attention the
Local Government (Miscellaneous Provisions) Act 1982, details of which are
set out in Appendix A to this circular.
Purpose of the Act
2. Like the Local Government (Miscellaneous Provisions) Act 1976, the
provisions of which were outlined in DOE Circular 9/77 (Welsh Office 8/77),
the 1982 Act is intended to assist Parliament and local authorities alike
by making available to local authorities in England and Wales some of the
more popular provisions being sought in local Bills. Most parts of the Act,
therefore, are well precedented in recent local legislation. In addition,
in response to the wishes of a number of authorities, it contains provisions
which have not appeared before for the licensing of sex establishments.
Extent of the Act
3. The whole Act applies to England and Wales outside Greater London.
All except sections 1, 3» 4 to 7» 35 and 46 apply to Greater London.
(Sections 8(1), 25 and 28 apply to the outer London boroughs only.)
Sections 11, 38 and k7 and paragraph 8 of Schedule 6 apply to Scotland.
Commencement
H. With the exception of section 1 and Schedule 1, which come into
force on 1 January 1983; section 7, which comes into force on 13 October 1982;
section 25, which comes into force on 1 September 1982; and section ^0, which
comes into force on 13 September 1982, the Act came into force on 13 July 1982.

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Nature of provisions in the Act
5. Most of the provisions in the Act are adoptive or discretionary.
Only section 1 and Schedule 1 and sections 8 and 22 impose duties on
authorities. In some instances, provisions in existing post 1974 local
enactments which correspond to provisions in the Act have been repealed.
The repeals are listed in Schedule 7. Local authorities will be consulted
about the possible repeal of other local provisions by order under
section 48. In general, we encourage the adoption of the provisions of
this Act in order to ensure uniformity.
Future section 262 Bills
6. It is already evident that the general enactment of these provisions
will considerably reduce the need for general powers clauses in private
Bills and, indeed, for some authorities, completely remove the need to
promote rationalisation legislation. Non-metropolitan local authorities which
still need to promote such legislation are urged to do so as soon as possible
to ensure that it is enacted by the end of 1986.
7. The provisions in the Act should not lead to any overall increase in
local authority expenditure. Provision is made in certain sections
(including the mandatory provisions of section 1 and Schedule 1) for the
recouping of costs by fees or charges. In other cases local authorities may
wish to consider the re-allocation of resources.
8. Inquiries about this circular should be directed in the first instance
to the Home Office (01-213 524?) for Parts I - DC and the Department of the
Environment (01-212 3897) or Welsh Office (0222-824145) for Parts X - XII.

We are, Sir,
Your obedient Servants

iv
N M JOHNSON (Home Office)

(Department of the Environment)

J N SHEPPARD (Welsh Office)

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 Appendix A

PROVISIONS OF THE ACT

Licensing of 1. Section 1 of the Act, which comes into force on 1 January 1983,
Public introduces outside Greater London the mandatory licensing code for
Entertainments public entertainments, based on the controls currently in force in
Greater London, which is contained in Schedule 1. Similar provisions
in existing local Acts are simultaneously repealed. In some areas
statutory controls may be entirely new; in some others, district
councils will be taking over functions currently exercised by the
licensing justices under section 51 of the Public Health Acts
Amendment Act 1890. Although it is not envisaged that the new
system will be particularly costly in terms of staff, their cost
may be recovered via the licensing fee.
2. The purpose of the licensing system is to introduce a uniform
system of control to ensure public health and safety over places of
public resort and to minimise the nuisance caused to the immediate
neighbourhood. To ensure a degree of uniformity, councils may make
regulations prescribing standard conditions applying to all, or
different classes of premises. At the same time they may impose
any additional conditions necessary to deal promptly with problems
created by new trends in popular entertainment eg the provision of
emergency exit ramps at roller discos, or to meet the particular
requirements of individual premises. It is desirable for councils
to ensure that where it is possible for both licensing and planning
conditions to be imposed they should not overlap or conflict.
3- The controls apply somewhat differently to indoor and outdoor
entertainments. All indoor entertainments of the types prescribed
require to be licensed, the only exemptions being for pleasure fairs,
for which alternative statutory controls already exist, and places
of public religious worship. The latter exemption does not extend
to entertainments held in ancillary buildings such as church halls
in which, for example a Sunday School is held.
Jf. The outdoor licensing system in contrast is adoptive. A much
narrower scheme, its primary aim is to regulate pop festivals, but
outdoor concerts and other outdoor entertainments in which music is
a substantial ingredient could also come within the provisions.
Deciding what constitutes an entertainment for the purposes of the
Schedule may occasionally present problems, and the application of
the controls to music festivals which have a political theme or to
public meetings which are not primarily intended as entertainments
may be the cause of particular concern. The controls are designed
to minimise these problems. Kany outdoor meetings will be excluded
from the licensing code altogether, as the controls apply only to
entertainments which take place on private land (public places
should be susceptible to other forms of control). For the minority
which could come within the provisions it is for councils to decide
in consultation with the organisers of an event whether or not
there is an entertainment of which music is a substantial element.
In most cases it will be possible to distinguish between something
which is intrinsically bound up with the proceedings and an
entertainment given to an audience even if the entertainment has a
theme which coincides with that of the meeting. A full scale concert
will always be subject to a licence, regardless of its theme. As
with licences for other outdoor entertainments however, the licence

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 nay only impose conditions relating to public health and safety,
access for emergency vehicles and noise, and it is hoped in this
way to minimise the possibility of tension between the licensing
authority and the organisers of the entertainments.
5- Councils may charge reasonable fees in respect of applications
for entertainments licences. In certain limited circumstances they
must waive the fee. In others, where they consider the entertainment
to be educational or charitable, they may do so.
6. Councils are required to have regard to any observations
submitted to them by the police and by the fire authority before
a licence is granted. Where licensing has previously been in the
hands of the licensing justices and the premises in question are
licensed for the sale of intoxicating liquor, the views of the
licensing justices may be particularly helpful, and councils may
wish in the first instance to approach the Clerk to the Justices
on this subject.
?. The remainder of Schedule 1 contains straightforward provisions
for the duration, transfer, transmission, cancellation and variation
of licences; their provisional grant; the enforcement of the code;
powers of entry; and appeals. Wherever possible, the drafting of
such provisions in this Schedule is kept in step with that of their
counterparts in Schedules 3 and k and Part IV.
8. In those areas where a licensing system already exists, licences
in force immediately before 1 January 19&3 willcontinue in force until
their normal expiry date.
Control of Sex 9> Section 2 of the Act enables a local authority to adopt by
Establishments resolution the arrangements in Schedule 3 for the licensing control
of sex establishments (sex shops and sex cinemas). In respect of
sex shops, the provisions came into force on 13 July 1982. In
respect of sex cinemas, they will come into force on 13 October 1982
(see paragraphs 12 and 13 below).
10. Appendix B to the circular contains drafts of a notice to be
published by the local authority under section 2(2), which have been
prepared for the assistance of local authorities.
11. "Sex shop" is defined in paragraph k of Schedule 3. "Sex
cinema" is defined in paragraph 3. Excluded are premises licensed
under the Cinematograph Act 1909.
12. Paragraph 6(2) excludes from licensing control the sale, supply
or demonstration of articles made primarily for, or primarily relating
to, birth control.
13. Paragraph 30(1.) provides that the Schedule will not come into
force in respect of sex cinemas until an order is made by the
Secretary of State. The Home Secretary has made an order to bring
these provisions into force on 13 October 1982 to coincide with the
coming into force of the Cinematograph (Amendment) Act 1982. The
later commencement date ensures that local authorities will not be
put to unnecessary work in considering applications for licences
under the Schedule from premises which, by virtue of the

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Cinematograph (Amendment) Act, will require a cinematograph
licence and (assuming such a licence is issued) will therefore no
longer fall within the definition of "sex cinema1'.
14. Where Schedule 3 is brought into force in an area before
13 October 1982, the Schedule will apply automatically to sex
cinemas from the latter date. Where a local authority has
resolved to bring Schedule 3 into force, but from a date which
is later than 13 October 1982, the Schedule will apply to sex
shops and sex cinemas from the date specified in the local authority's
resolution.
15. Existing premises are not exempt from the need to apply for a
licence but where they were in use as a sex shop or sex cinema
before the first publication of a notice under section 2(2), and
an application is made for a licence before the appointed day (the
day specified in the local authority's resolution for the coming
into force of Schedule 3), they may continue in use until the
application is determined. (Paragraph 30(3) provides that the
appointed day, in relation to sex cinemas, shall be the operative
date specified in the Secretary of State's order (i.e. 13 October 1982)
if the latter falls after the date specified in the local authority's
resolution under section 2).
16. Paragraph 29(4) provides that premises in use as a sex shop or
sex cinema on 22 December 1981 (which was the date when the Government
announced its intention to introduce licensing controls), and in
respect of which an application for a licence is made before the
appointed day, must be given preference when a local authority is
considering which (if any) of several applications to grant.
1?. Paragraph 7 enables a local authority to waive the requirement
for a licence in any case where it considers that it would be
unreasonable or inappropriate to require one.
18. The procedures in respect of licence applications etc are
broadly similar to those contained in Schedules 1 and k and it is
again desirable for councils to ensure that where ilt is possible
for both licensing and planning conditions to be imposed they should
not overlap or conflict. However, the following points should be
noted. By virtue of paragraph 29(2) a local authority cannot consider
an application before the appointed day and paragraph 29(3) prohibits
them from granting an application before they have considered all
applications received before the appointed day. Paragraph 12(3)
provides that a licensing authority may refuse an application for the
grant or renewal of a licence on any of the grounds specified in
paragraphs (a) to (d); in regard to paragraph (c) it will be noted
that the ground for refusal is expressed in terms of the appropriate
number of sex establishments for the relevant locality and not in
terms of the local authority area as a whole. Paragraph 12(4) makes
it clear that it is open to a local authority (on proper consideration
of the matter) to reach a conclusion that the appropriate number is
nil. Paragraph 27(2) provides that there is no right of appeal
(other than on questions of fact) against a refusal to grant or
renew a licence (or where a licence is revoked) on any of the
grounds specified in paragraph 12(1), although it is, as always,
open to an applicant to seek a judicial review in the High Court.

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 A right of appeal exists in the case of a refusal (or revocation)
on the grounds specified in paragraph 12(3)(a) and (b)but not in
respect of a refusal on the grounds specified in paragraph 12(3)(c)
and (d). Paragraph 27(6) provides that the Crown Court's decision
is final.
19. Where a licence has been revoked, paragraph 1? provides that
the holder is disqualified from holding a licence in the local
authority's area for 12 months.
Street trading 20. Section 3 and Schedule k contain an adoptive code for the
control of street trading. This combines and extends the separate
systems currently available in a number of local Acts for the
control of street markets and other street trading. The wide
definition of street trading contained in the first paragraph of
Schedule k and the possibility of applying different controls to
different parts of the same street will provide councils with
extensive and flexible control over all forms of street trading
for which it is normally considered necessary. Where there is no
need for prohibition or restriction, streets may be left
undesignated.
21. Bow they apply the controls is a matter for individual councils
but, broadly speaking, the licensing system is designed to cover
street markets and the consent system itinerant traders. The
licensing system if the more complex and in particular requires
the consent of the highway authority before a street is so
designated. It attempts to maintain a balance between the needs
of stallholders who are dependent upon street trading for their
livelihood and those of the council which must be able to control
the size and layout of the market and to recover the cost of its
services. For the protection of the stallholder, the grounds on
which he may be refused a licence are limited to those set out in
paragraph 3(6). For the protection of the council, the grounds on
which stallholders may appeal to the courts against its decision
to refuse or revoke a licence or vary it principal terms are even
more limited, giving the council absolute control over the number of
stalls in the street, the minimum number of days on which a licence
holder must trade and the numbers of traders dealing in particular
goods. It is also possible for the council to attach reasonable
conditions to a licence, including regulations on the deposit of
refuse. The rights of fixed traders under existing local Acts
are protected by limiting the grounds on which they may be
initially refused licences under the new system.
22. Street trading consents provide a simpler form of control than
the licensing system with no rights of appeal for the trader. They
are intended for the control of mobile trading, with or without a
stall or vehicle, and may cover everything from the single flower
seller with a basket to the ice-cream vendor or hot-dog stall. The
word mobile ought not to be taken too literally. All street traders
must be stationery at the time of sale, so they have to stop from
time to time, and may stop in the same place for a considerable time.
This is recognised in paragraph 7(8) where the council may permit a
consent-holder to trade from a stationery vehicle or from a portable
stall. It is up to the council to decide whether or not a trader
stays sufficiently long and often in the same place for the spot to
 be designated a licence street. One of the factors which may
influence them is the absence of any power to lery charges (under
paragraph 9(6)) upon consent holders. That apart, the council
may attach any reasonable conditions to a consent and may at any
time vary or revoke it.
23. The details of the street trading system are not complicated
once the council has decided which sort of control is appropriate.
(Nor is their decision irrevocable: if one form of control, or the
absence of any proves inappropriate, a new resolution may be made.
Alternatively, the terms of licences or consents may be altered or
they may be revoked.) Certain types of trading for which there are
existing statutory controls or for which no control is considered
necessary (the latter consisting of roundsmen and newsvendors who
meet certain conditions) are wholly exempt from control. Pedlars
are exempt when they are acting as pedlars ie going from door to
door; if they sell articles in the street however, they are street
trading and have to meet the requirements of any provisions in force.
2k. There is protection in paragraph 3(8) for the rights of existing
fixed traders. The grounds under which they may initially be
refused licences under the new system are limited to those connected
with their previous behaviour as street traders or with their
general character.
25. Paragraph 8 enables the holder of a street trading licence or
consent to employ an assistant without obtaining a further licence
or consent. This recognises the fact that many traders are helped
by members of their family, and that some types of trading are
seasonal and rely on short-term labour, for instance during the
summer holiday period. Some councils have expressed concern that
the exemption of assistants from the requirement for a licence or
consent will make a loophole which undesirable people may exploit.
In the view of the Secretary of State, however, the council's wide
powers to revoke licences under paragraph 5O)(b) or consents for
any reason will always enable them to oblige a licence or consent
holder to take care whom he engages as his assistant.
Take-away food 26. Section 4 empowers a district council to make a closing order
shops requiring the keeper of a take-away food shop which is open between
midnight and five o'clock in the morning to close for all or some of
that period if they are satisfied that this is desirable 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. Closing
orders may not however be made in respect of late night refreshment
houses (as defined in section 1 of the Late Night Refreshment Rouses
Act 1969) or of premises licensed to sell intoxicating liquor which
are exempted from this definition in the 1969 Act. (Until 13 October
1982 when section 7 of the Act comes into force all premises licensed
to sell intoxicating liquor will be totally exempt from control.) A
closing order may specify different hours on different days of the
week. Unless it is renewed a closing order will lapse 3 years from
the date on which it was made or last varied.

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 27. A district council nay only make a closing order when
residents in the neighbourhood of a take-away food shop hare
complained of being unreasonably disturbed. A council is also
required to take all relevant considerations into account when
determining to make a closing order, or a variation order which
specifies more restrictive hours in relation to the opening of
the premises. If the council propose to make a closing order
or a more restrictive variation order they are required to give
the keeper of the premises written notice of their intentions
and their reasons for making the order. (The council may not,
however, reveal the names of any complainants unless they have
given their consent.) The keeper then has 28 days to require
the council to give him an opportunity to make representations
to the council. If the keeper of any premises applies to the
council for a variation order or a revocation order and the
council have not determined the matter within 8 weeks, the
application shall be deemed to have been refused.
28. Within 21 days of being notified of the council's decision,
the keeper of the premises may appeal to the magistrates' court
against a closing order or a variation order, or against a
refusal by the district council to make a variation order or
revocation order. Both the keeper of the premises and the
district council may appeal to the Crown Court.
Late night 29. Section 7 rectifies an anomaly in the Late Wight Refreshment
refreshment Houses Act 1969 whereby the Act has not applied to premises
houses licensed for the sale of intoxicating liquor. When section 7
comes into force (on 13 October 1982) this exemption will be
restricted to those premises which are not kept open later than
a time JO minutes after the terminal evening opening hour permitted
under the Licensing Act 1964. (This can vary between 10.30 pm and
2.00 am depending upon whether the licensing justices have issued
any special authorisation.) Its effect will be that, if the
keeper wishes the premises to remain open for the purposes of
public refreshment, resort and entertainment after that time (or
10 pm if there are no evening permitted hours) he will be required
to obtain a licence under the 1969 Act. The provisions of section 7
do not apply to premises in Greater London.
Consultation 30. Section 8(1) amends sections 59 and 60 of the Public Health
between Act 1936 so as to require the local authority to consult the fire
authorities authority before exercising their powers under either of these
sections. (Section 59 deals with exits, entrances etc in the case
of certain public and other buildings. Section 60 deals with means
of escape from fire in the case of certain high buildings.)
31. Section 8(2) inserts provisions into sections 5, 8 and 24 of
the Caravan Sites and Control of Development Act 1960 requiring local
authorities to consult fire authorities when exercising their powers
under that Act in relation to the issuing of site licences for
caravan sites and the provision of local authority caravan sites.
Under the provisions inserted by subsection (2)(a) and (b) the
authority are required to consult the fire authority as to what
conditions relating to fire precautions ought to be attached to
site licences. In addition, the duty imposed on local authorities
by section 5 of the 1960 Act to have regard to any model standards

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 specified by the Secretary of State under section 5(6) of the
Act is aodified to make the duty subject., as regards standards
relating to fire precautions, to any advice given by the fire
autnority under the new subsections added to section 5. The
provisions inserted by subsection (2)(c) and (d) require the
local authority to consult the fire authority before altering
any condition on a site licence which relates to fire
precautions, or before themselves providing a caravan site.
Firemen's switches 32. Sections 9 and 10 provide adoptive powers for fire
for luminous tube authorities who wish to ensure that high voltage luminous tube
signs signs are fitted with a cut-off switch and so placed and
coloured or marked as to be easily identified and used by firemen
in an emergency. The provisions extend to both new and existing
installations but there is an exemption for premises licensed under
the Cinematograph Acts 1909 and 1952. The Cinematograph (Safety)
Regulations already apply some of the provisions to such premises
and revised regulations are proposed which will apply the
notification requirements.
Repeal of 33. Section 11 repeals in their entirety the Theatrical Employers'
Theatrical Registration Act 1925 and its amending Act of 1928. Local
Employers' authorities will no longer be required to keep a register of such
Registration Acts employers or to forward to the Home Office copies of such
1925 and 1928 registrations for entry in a central register.
General provisions 34. Section 12 enables the police to prosecute offences against
relating to byelaws without obtaining the consent of the Attorney General,
byelaws thereby allowing them greater discretion to prosecute such offences
where they are detected as part of normal police duties. This
section should not be taken to imply that the police are to assume
direct responsibility for the enforcement of the generality of
byelaws.
Acupuncture, 35* Part VIII empowers a local authority to require the
tattoing, ear- registration of persons engaging in acupuncture, tattooing, ear-
piercing and piercing and electrolysis and of the premises where they practice
electrolysis or have their businesses. An authority may resolve to adopt these
powers in relation to any or all of these activities. Medical
practitioners and those supervised by them are exempted from the
application of Part VIII; dentists and those supervised by them are
exempted only so far as they practise acupuncture. Councils taking
the powers may make byelaws for the purposes of securing the clean-
liness of registered premises and the fittings therein and of the
persons registered and those assisting them and the cleansing and
sterilizing of the instruments, materials and equipment they use.
Sale of food by 36. Part IX enables a local authority to require hawkers of food
hawkers that is not so packaged as to exclude all risk of contamination,
and the storage premises used, to be registered with them. The
purpose of the provision is simply to identify food hawking
activities and thereby facilitate effective enforcement of the food
hygiene regulations at the start of trading.
37. Section 18 allows a local authority to bring clause 19 into
effect in their area. Section 19 provides for the registration of
any persons who trade by hawking food in the open air or from place

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 to place when these food sales are not part of a trade or
business undertaken on identifiable property and for the
registration of any premises used for storing the food. Certain
sales of food and their associated storage accommodation are
exempted. A local authority may not refuse an application for
registration, for which a reasonable fee to cover expenses may be
charged.
Highway 38. Section 20 and Schedule 5 replace section 213 of the
Amenities Town and Country Planning Act 1971 by inserting a new Part,
namely VIIA, into the Highways Act 1980. The power of councils
to provide a wide range of highway amenities on highways
pedestrianised under section 212 of the Act of 1971 is extended
to other forms of highway over which there is preponderantly a
right of way on foot only. Councils are also empowered to permit
other persons to provide highway amenities.
39* A wide range of amenities and services may be provided by
councils. Examples are seats, tables and chairs, kiosks, show
cases, stalls, stands and information bureaux. On the other hand,
Schedule 5 does not give to councils power generally to operate,
as distinct from provide, objects or structures for the production
of income or for other purposes. Where a council wish to operate
them for such purposes, it will need express statutory authority to
do so, either elsewhere in this Act, for example section 115C of
Part VIIA, or in other Acts, for example sections 142 (Provision of
information, etc relating to matters affecting local government),
145(1)(a) and 145(2)(c) (Provision of entertainments) of the
Local Government Act 1972, or the Lotteries and Amusements Act 1976.
Section 115E enables a council to permit private individuals to
operate, for the production of income, for advertising or for
advice or information centres, such objects or structures as may
have been provided by the council, the individual or some other
person.
40. Schedule 5 contains various limitations on a council's powers.
Section 115D re-enacts section 213(3) of the 1971 Act and extends
it to apply to all highways within the scope of Part VIIA. It also
places limitations, by necessary implication, on what others may do
under section 115E. The effect of the section is to protect existing
pedestrian and bridleway user, and to protect vehicular user where
that user would not breach a pedestrian planning order or traffic
order. It also protects the interests of statutory undertakers.
It should also be noted that Part VIIA does not remove the need to
obtain planning permission where development is involved.
41. It would be inequitable that in certain circumstances a highway
amenity should be capable of being placed outside a person's home
or business without his consent. This consideration is particularly
true of income-producing amenities (see paragraph 47 below), advice
centres or information bureaux, which are likely to generate
significant public traffic, and might become a severe nuisance to
those living or trading immediately next to them. A council proposing
to provide and operate such amenities on certain limited classes of
highway will therefore need the consent of adjoining frontagers as
defined in section 115A(7)« However, the need for such consent will

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apply to all highways where a council propose to provide such
amenities for operation by a private individual or where the
council propose to permit an individual to provide them himself.
Private individuals will no doubt be quite prepared to set up in
competition with other businesses over a wide range of business
activities. Hence there is a greater need to protect frontagers
from private applications.
k2. Section 115A(7) has the effect of narrowly limiting the
frontagers, whose consent is needed in the above circumstances,
to those persons owning or occupying premises directly next to the
proposed amenity on the particular side of the highway where the
amenity is proposed to lie. Other persons will need to rely upon
the representation procedure provided by section 115G. Section 322
of the Highways Act 1980 is available for the purpose of ascertaining
owners and occupiers.
J«3« Frontagers' consent will naturally present no problem where
an individual is both the owner and occupier of the premises outside
which he proposes to provide an amenity.
Mt. "Walkway consent", as defined in section 115A(2), will always
be required before amenities can be provided upon walkways, whether
they be public general Act or local Act walkways. Being usually
within privately-owned buildings, for example comprehensive shopping
developments or blocks of flats, they will often be the subject of
agreements between the building owner and his tenants. It would be
inappropriate to enable highway amenities to be provided in buildings
of this kind without the consent of the building owner and of such
occupiers as are likely to be materially affected.
**5. The procedure for the consent of, or consultation with, other
local authorities for the area is set out in section 115H(1). The
requirements follow the procedure established in local Acts and by
section 213 of the 1971 Act as amended by Schedule 16 to the Local
Government Act 1972. Section 115HCO also provides for the consent
of the British Railways Board or the London Transport Executive
where a highway is maintained by them.
46. Section 115J enables councils to have recourse to arbitration
in cases where they consider that any consent required under Part VTIA,
other than a consent required under section 115H(1), has been
unreasonably withheld or has been granted subject to unreasonable
conditions. Consent is to be treated as unreasonably withheld in
cases where persons fail to reply to councils within 28 days of
their consent being sought. The section also enables consent, other
than consent under section 115H(1), to be given subject to payment
of a reasonable sum and to other conditions. Otherwise, consent for
many income-producing amenities would be unlikely to be received.
Section 31 of the Arbitration Act 1930 applies a number of provisions
of that Act to all statutory arbitrations. They will apply to
arbitrations under this provision save that in all cases it is the
council who must bear the expenses and remuneration of the arbitrator.
Where the council are able to proceed after arbitration with a
permission under section 115E, the expenses incurred at the
arbitration may form part of the amount that the council may charge
for their permission under section 115F.

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 4?. It is to be noted that the phrase "for a purpose which will
result in the production of income" (in section 115B and 115E) is
considered to be wider in scope than "for trade or business" and
should encompass things such as the collection of charitable
monies* It is not, however, considered to embrace advertising,
which is a separate issue, as illustrated by section 115E(l)(b)(iii).
If a council place a waste bin or other object or structure in a
highway for the purpose of providing a public service, or permit a
person to do the same, the fact that the waste bin etc may carry
an advertising logo (possibly on payment by an advertising agency)
does not in the Department's view mean that the object was placed
for a purpose which will result in the production of income. The
production of income which in certain circumstances requires
frontagers' consent is considered to be concerned with the direct
activity of use of a structure where money is actually made.
1*8. When granting permission to provide an amenity, a council
will be able to incorporate into their charges such amount as they
may determine for the use of the subsoil in cases where they own it.
Otherwise, their charges are limited under section 115F to recovering
their reasonable expenses in connection with granting the permission,
together with the cost of providing the amenity where they have done
so. Their reasonable expenses may include such charges as may be
payable by the council for obtaining frontagers' or walkway consent.
^9. Section 115F includes provision for a council's requiring
indemnities against certain claims for injury, loss or damage arising
out of grants of permission. Otherwise, they may be unobtainable
because of the limitation on charges prescribed by this section.
The requiring of indemnities may not cover cases where injury, loss
or damage is due to the negligence of the council.
30. The indemnity provision does not extend to enabling the
recovery of costs incurred by a council in undertaking the alteration
or removal of certain amenities. It is envisaged that councils will
make grants of permission in relation to all highway amenities
subject to conditions relating to alteration, removal etc; and to
the extent that private individuals do not observe such conditions,
it will be open to councils to use section 115K of Part VIIA and
section 305(5) of the Highways Act 19&0 to enforce and recover costs
incurred by them in securing that the conditions are observed.
51. Part II of Schedule 5 enables the Secretary of State, when re-
voking an order under section 212 of the 1971 Act, to require the
removal of any highway amenity upon the affected highway.
Prosecution for 52. Section 21 provides that in taking proceedings for specific
offences relating offences under section 8 D of the Public Utilities Street Works
to works in the Act 1950 and section 1?1 and 1?1* of the Highways Act 1980 it will
street no longer be necessary for a constable to obtain the written consent
of the Attorney General. As with section 12, this does not mean
that the police can now normally be expected to undertake prosecutions
under these Acts.

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Control of 53- Section 22 extends section 179 of the Highways Act 1980
construction under to make it an offence to construct works under any part of a
streets street (previously, outside Greater London, only the carriageway
of a street) without the consent of the appropriate authority and
to empower them to require an offender to remove, alter or other-
wise deal with any such works. Works are defined as any part of
a building and a vault, arch or cellar whether or not forming part
of a building.
Control of 54. Section 23 adds a new section (147A) to the Highways Act 1980
roadside sales giving control over roadside sales from stalls or vehicles on verges
and lay-bys of trunk and principal roads or unenclosed land within
15 metres of any parts of such roads. This provides a more effective
power of control than is available in section 143 of that Act or
elsewhere, in circumstances where such sales cause, or are likely to
cause, danger or interruption to any road users. Certain sales are
excluded from the scope of the section by subsection (4). The
section will operate in addition to control orders (relating to
roadside trading) under section 7 of the Local Government
(Miscellaneous Provisions) Act 1976.
Paving of 55. Section 24 extends the application of section 56 of the
yards and Public Health Act 1936 from solely residential developments to mixed
passages developments of houses and industrial and commercial buildings.
Building 56. Section 25 changes the law relating to the passing of plans
regulations deposited in accordance with building regulations. It will be
brought into operation on 1 September 1982 by a separate commence-
ment order.
57. Section 25(1) amends section 64 of the Public Health Act 1936
to enable a local authority to pass, subject to certain conditions,
plans which are defective or show contraventions of the building
regulations. The conditions are: that the plans shall be modified;
and/or that further plans shall be deposited. Conditional approval
may only be given with the agreement of the developer, failing which
the local authority will have no option but to reject the plans.
The developer can then apply to the court under section 64(3) if he
wishes to challenge the local authority's view and argue that his
plans should have been passed unconditionally.
58. Section 25(2) amends section 65(4) of the 1936 Act to the
effect that the bar on serving a notice under section 65(1) will
only operate in respect of work which had been shown on the plans.
59* The purpose of the amendments is to introduce a measure of
flexibility into the operation of section 64 so that local authorities
will not be required, as hitherto, to reject plans which are
defective or show contraventions of the regulations, thereby
obliging the developer to submit plans a second time. The arrange-
ments can only operate with the agreement of both sides, and no
detailed provisions have been made regarding the kind of modifications
or further plans which a local authority might require. There is no
hard and fast distinction between conditions (a) and (b) in
section 64(1B) but, broadly speaking, modifications would probably be
required where there is some error in, or accidental omission from,
the plans. The requirement for additional plans would normally be
imposed where the developer had requested stage approval in the
first place. Stages are not defined and it is hoped that local

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 authorities will operate these arrangements in any circumstances
where they consider it reasonable to do so.
60. It may be helpful to illustrate the effect of these changes
by giving examples. It should be borne in mind that the building
regulations do not require work to be executed exactly in
accordance with deposited plans and that a notice under section
65(1) cannot be served unless the work itself contravenes the
regulations. Nor can a notice be served where the work has been
executed in accordance with plans which were passed. The passing
of plans thus confers a measure of protection on an owner.
61. Under condition (a) in section 6M1B), a local authority
might, for instance, pass the plans subject to a condition that
where the plans showed no minimum fire resistance for a door they
should be modified to show a half-hour resistance. If the developer
carries out the work in accordance with the modified plans, he will
be fully protected by section 65(*0 against a notice under
section 65(1). If he does not work to the modified plans, and
instals a door with less than the required fire resistance, a notice
under section 65(1) could be served. Section 65CO in these cir-
cumstances will provide no protection because the work will not have
been carried out in accordance with a requirement made by the local
authority as a condition of passing plans.
62. Under condition (b), a local authority might require that
further plans showing details of the roof construction should be
deposited. In so far as the plans of part of the building had been
passed, the protection of section 65CO as amended would apply to
work executed in accordance with these plans, but not to work which
had not been shown on them. Where further plans are deposited a
local authority will need to consider them in conjunction with plans
previously deposited. Where the rest of the work is carried out
without the further plans being deposited there will be no bar under
section 65CO to the serving of notice in respect of that work; the
possibility of a prosecution for a contravention of Regulation A10
would also be for consideration.
63. Where the passing of plans subject to condition (a) or (b) is
requested, the plan fee for the whole of the work will, in the
Department's view, be payable on the first occasion that plans are
deposited, in accordance with regulation 13(2) of the Building
(Prescribed Fees) Regulations 1982 (SI 1982 No.577).
Statutory 64. Section 26 is intended to widen the scope of statutory nuisances
nuisances relating to dust, effluvia and smoke by removing the limitation in
section 92(1)(d) of the Public Health Act 1936 and section 16(1) of
the Clean Air Act 1956 which requires these types of nuisance to
affect the inhabitants of a neighbourhood before they can be dealt
with as such. The section will not however apply where a nuisance
is confined to workers at the place of work giving rise to the
nuisance. In such cases, action is the responsibility of the
enforcing authority under the Health and Safety at Work etc Act 197***
It should be noted that where a statutory nuisance is a risk to
public health, section 3 of the 197** Act may also apply.
«
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Powers to repair 65- Section 27 combines and replaces sections V? and 18 of
drains etc and the Public Health Act 1961. Under section 17, local authorities
tp remedy were empowered to require the owners of premises to unblock
stopped-up stopped-up drains, private sewers, water closets and soil pipes
drains etc. and, under section 18, to repair drains and private sewers if
they were insufficiently maintained. Both powers now extend to
drains, private sewers, water closets, soil pipes and waste pipes.
66. The section does not apply where the cost of repairing an
inadequately-maintained drain etc exceeds £250(replacing a previous
limit of £50). The limit up to which local authorities may remit
costs they themselves incur in unblocking or repairing drains etc
to which the section applies has also been increased from £2 to £10.
In future, these amounts may be varied by order of the
Secretary of State.
Control of 67. Section 28 substitutes new sections 29, 29A, 29B and 29C for
demolitions section 29 of the Public Health Act 1961. The new sections are
intended to strengthen the former provisions where they have been
shown to be defective or inadequate in order, in particular, to
safeguard public safety more effectively. The major changes are
as follows:
demolition is prohibited before either the local authority
have served a notice giving conditions or a prescribed
period has elapsed (section 29(2));
the demolisher is required to copy his notice to adjacent
occupiers, the British Gas Corporation and the area electricity
board (section 29(3));
the penalty for failure to notify the local authority is
increased from £5 to £500 (section 29(4)); and
the range of conditions which a local authority may require
of a demolisher for public safety and amenity purposes is
increased (section 29B(1) (c), (h), (j) and (k)).
The opportunity has also been taken to update and amend the provisions
in certain minor respects.
68. The additional requirements which may be included within a
local authority notice are: repair of damage to adjacent property;
arrangements to be made with gas, electricity and water undertakers
for the disconnection of supply; arrangements to be made with the
Fire Authority, and the Health and Safety Executive for special
premises, about burning of structures or materials on the site; and
such steps as are reasonably necessary to protect the public and
preserve public amenity. Section 29A(6) requires a local authority
to copy any notice containing requirements under section 29B(1)(h)
or (j) to the relevant statutory undertaker, the Fire Authority or
the Health and Safety Executive.
69. Attention is particularly drawn to the new condition in
section 29B(1)(h) relating to statutory undertakers' services,
together with the new provisions in section 29(3) and section 29A(6)

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 about the copying of notices. There have been accidents when
persons have undertaken demolitions without knowledge in
particular of gas and electricity services on the site, and
without taking adequate precautions. The new provisions are
intended to ensure that statutory undertakers are advised of a
demolition which may affect their services and so avoid risks to
public safety. It is recognised that local authorities themselves
may be unaware of whether such services might be affected by a
demolition. They may consider that in these cases it would be
appropriate to consult statutory undertakers, or, alternatively, to
serve a notice on the demolisher in any event containing a require-
ment under section 29B(1)(h).
70. It will be noted that section 29 does not apply to buildings
subject to demolition orders and the demolisher is therefore not
required, in such cases, to notify gas and electricity undertakers.
Under the provisions of section 29A(3)(b) and section 29A(M(b),
the local authority would have to serve any notice containing
conditions within 7 days of serving a demolition order. In these
circumstances a local authority may consider it advisable to notify
statutory undertakers of proposed demolition orders so that they
may then consider whether specific services are likely to be affected.
Protection of 71. Section 29 enables a local authority to enter land to undertake
buildings works in connection with a building which is either permanently
unoccupied or from which the occupier is temporarily absent to
secure it effectively against unauthorised entry, or to prevent its
becoming a danger to public health. The authority must serve notice
on the owner or occupier of the building before undertaking any work,
except where it is necessary to undertake work immediately or where
it is not reasonably practicable to ascertain the name and address of
the owner or trace the whereabouts of the occupier. The notice must
specify the works and must be served at least k8 hours before the
works are begun. The authority can recover any expenses reasonably
incurred in undertaking the works. The section also re-enacts
section 8 of the Local Government (Miscellaneous Provisions) Act 1976,
and extends to that section the power to recover costs.
72. Sections 30, 31 and 32 all relate to section 29. Section 30
provides for the application of the powers of section 29 to buildings
on operational land of the British Railways Board and statutory under-
takers. The local authority must comply with any reasonable
requirement which the Board or undertakers impose for the protection
or safety of their undertaking. Sections 31 and 32 confer a right
of appeal to the county court respectively on persons on whom notice
has been served and on persons not served with notice, but from whom
the authority seek to recover expenses incurred in undertaking works.
Enforceability by 73. Section 33 provides that certain covenants in agreements
local authorities entered into by local authorities with persons having an interest in
of certain land shall be enforceable against successors in title to the land to
covenants which the covenants relate. It also empowers the authority, after
relating to giving notice, to enter on that person's land to secure compliance
land with any covenant and to recover any expenses incurred. The section
replaces section 126 of the Housing Act 197^ and extends the range of
agreements to which that section referred.
Local land charges 74. Section 3** amends the Local Land Charges Act 1975 to allow
registers - local authorities to keep local land charges registers otherwise
computerisation etc than in documentary form.
Acquisition of 75. Section 35 amends section 119 of the Local Government,
land etc by Planning and Land Act 1980 by extending the powers conferred on
Planning Boards the two boards reconstituted under Part I of Schedule 17 to the
Local Government Act 1972 (namely, the Lake District Special
Planning Board and the Peak Park Joint Planning Board) to any
board which may be established under section 1 of the Town and
Country Planning Act 1971. Section 119 of the 1980 Act is also
amended to enable any planning board to use the powers conferred
by section 13 of the Local Government (Miscellaneous Provisions)
Act 1976 for the compulsory acquisition of new rights over land.
Control of 76. Section 36 introduces a new section 109A into the Town and
fly-posting Country Planning Act 1971* enabling district councils to deal more
effectively with any illegal "placard or poster" displayed in their
area; that is, a poster which is displayed in contravention of any
provision of the Town and Country Planning (Control of Advertisements)
Regulations 1969 (SI 1969 No.1532) (for example, because it is being
displayed without "deemed consent", or any necessary "express consent"
under those Regulations). District councils are reminded that
particular powers are also exercisable by highway authorities under
section 132 of the Highways Act 1980 to remove pictures or signs
affixed to trees, structures or works in the highway.
77. The power now given to district councils is a discretionary
power to "remove or obliterate any placard or poster" which is being
displayed illegally in their area. Before a district council
exercise this new power, subsections (3) and (5) of section 109A of
the 1971 Act require them to give advance written notice to anyone
who can be identified as the person who is responsible for displaying
it, that:
in the council's opinion, it is displayed illegally; and
the council intend to remove or obliterate it after the
expiry of a period specified in the notice (which must be
a period of at least 2 calendar days from the date on which
their advance written notice is received).
78. The main purpose of this advance notice procedure is to enable
anyone who genuinely believes that the poster or placard is being
displayed with either "deemed consent", or an "express consent", to
tell the council that this is the case; and, if he wishes, to ask
them to reconsider their intention to remove the placard or poster.
Because this advance notice procedure might sometimes involve a
district council in abortive administrative work in trying to trace
the whereabouts of the person due to be notified,subsection (4) of
section 109A has the effect of specifically exempting the council
from giving notice where the placard or poster does not give the
address of the person displaying it (as well as his name) and the
council do not know that address and are unable to ascertain the
relevant address after making "reasonable inquiry" about it. What
is "reasonable inquiry" is a matter for each district council, in
the first instance, to determine in the particular circumstances.

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 But when the placard or poster identifies the person displaying
it as someone (including a commercial concern) well known nationally
or locally, but does not give an address, it would appear reasonable
for the council to give advance notice of their intention when they
can readily obtain, or already know, the relevant address to which
notice should be sent.
79. The period of advance notice is specified in subection (5)
of section 109A as "a period of not less than 2 days from the
date of service of the notice". Thus ^2 clear days after the date
when the notice is served must be allowed before the council proceed
to remove or obliterate the display. In practice, a council may
prefer to allow longer than the minimum period of_2 clear days;
and there is nothing to prevent them from doing so.
80. There is no definition of the terms "placard" and "poster"
in section 109A. It is therefore a matter for the council and,
eventually, the court to decide on the facts of each case. If a
placard or poster is displayed by means of securing it temporarily
to an "A-board", it would appear that the new power applies only
to the placard or poster and not to the A-board itself.
81. Section 36 also inserts a new subsection CfA) in section 280
of the 1971 Act, dealing with rights of entry on to land or premises.
This new subsection gives a district council's duly authorised
officer a power, at any reasonable time, to enter land or premises
for the purpose of exercising the new power in section 109A,
provided that: the land or premises are unoccupied; and the power
cannot be exercised without entering the land or premises.
82. During Parliamentary discussion of these provisions it was
suggested that the power to remove or obliterate should also apply
to painted signs, slogans or expressions which appear on buildings,
walls or street furniture. Although no amendment was made for this
purpose, the Secretaries of State urge councils in England and Wales
to take whatever steps they consider appropriate to remove such
expressions (especially those intended to incite racial or religious
hatred) as part of their normal cleansing and environmental improve-
ment functions in their area. The Secretaries of State understand
that certain councils already carry out this service; and they hope
that many more councils will now do so.
Temporary 83. Section 37 empowers a district council or London borough
markets council to require, if they so resolve, that at least one month's
notice must be given to them of any intended temporary market (other
than one for which specific planning permission has been granted, or
which is to be held in aid of a charitable or similar cause) in their
particular area. Where such a requirement is in force, notice will
need to be given to the authority both by the promoter of the intended
temporary market and by the occupier of the land on which it is to
be held.
84. This provision will allow authorities tine to discuss with
the market promoter or occupier of land ways of overcoming possible
difficulties, and to make any necessary arrangements for matters such
as traffic and parking control and disposal of litter. It is hoped
that, in this way, problems which have been experienced in the past

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 may be avoided. The provision will also allow authorities time
to consider whether, exceptionally, to make the intended market
subject to planning control by means of a direction under
article 4 of the Town and Country Planning General Development
Order 1977* Appropriate advice on this is given in paragraphs
2-4 of Department of the Environment Circular 12/73 (Welsh
Office Circular 23/73).
Work undertaken by 85. Section 38 amends Part III of the Local Government,
local authorities Planning and Land Act 1980 to exclude work sponsored by the
and development Manpower Services Commission from the definition of "construction
bodies under or maintenance work" contained therein. Any work carried out by
certain agreements a local authority or development body pursuant to an agreement
with Manpower with the Commission whereby the Commission has agreed to pay the
Services whole or part of the cost of such work will no longer be subject to
Commission the controls imposed under Part III of the Act over the operation
of direct labour organisations. In addition, employees engaged on
Commission-sponsored schemes on or after 1 April 1982 will not
count towards the total of employees engaged on "construction or
maintenance work" for the purpose of the exemption, contained in
section 21 of the Act, for authorities employing 30 or fewer persons
on such work. Like Part III of the Act, the section applies to
Scotland as well as to England and Wales.
Insurance etc of 86. Section 39 amends and updates section 140 of the Local
local authority Government Act 1972 to bring the provisions concerning insurance
members and against accidents to local authority members into line with changes
persons in Insurance Companies law as embodied in the Insurance Companies
voluntarily Act 1981. It also introduces new sections 140A, 140B and t40C to
assisting local the 1972 Act:
authorities and
probation - Section 140A empowers a local authority to enter into a contract
committees of insurance of a relevant class to enable payments to be made to
voluntary assistants who suffer an accident or disease as a
result of carrying out functions for the authority.
- Section 140B extends a similar power to county councils and the
Greater London Council to enter into contracts of insurance for
voluntary assistants of a probation committee.
- Section 140C, contains provisions common to both sections 140A and
140B and, in particular, defines relevant classes of insurance
business.
There is no power under the section for a local authority to establish
a fund under paragraph 16 of Schedule 13 to the 1972 Act in relation
to the persons concerned, where there is to be no contract of
insurance. If an authority wishes to insure such persons against
accidents or disease, it oust proceed by way of a contract of
insurance.
Nuisance and 87. Section 40 deals with nuisance and disturbance on educational
disturbance on premises caused by persons who have no right to be present on such
educational premises and whose activities result in annoyance to others lawfully
premises using the facilities available. The need for such a provision has
been urged by a number of authorities. Although its use is not
confined to this aspect it will support the increasing use of

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school premises for community purposes outside school hours,
where the availability of a power to deal with abuse may be
particularly relevant. The section is designed to cover a wide
variety of circumstances, ranging from cases involving persons
exercising animals on school playing fields which foul or damage
the turf to the annoyance of those wishing to use the fields to
persons creating noise and disturbance on school premises resulting
in the annoyance and distraction of those engaged in authorised
activities on the premises.
88. Subsection (1) makes it an offence, punishable on summary
conviction by a fine not exceeding £50, for a person who is
present without lawful authority on educational premises covered
by the section to cause or permit nuisance or disturbance to the
annoyance of persons lawfully using the premises. It is irrelevant
whether the persons to whom annoyance is caused are present on the
premises at the time that the nuisance or disturbance takes place.
Thus a person who digs up the turf on a school playing field will
be guilty of the offence if it can be shown that the action resulted
in a nuisance to the annoyance of others wishing to use the playing
field whether at the time or later.
89. The offence penalises only those causing or permitting a
nuisance who are present on the premises without lawful authority.
It does not, therefore, cover, for example, registered pupils
present on school premises during normal school hours, or others
lawfully engaged in authorised activities, such as evening classes,
taking place on the premises. People in such categories creating
a nuisance or disturbance may be dealt with by normal disciplinary
measures or by suspension from the activity concerned.
90. Subsection (2) defines the premises covered by the section:
it does not apply to those further education establishments which
are assisted by,as distinct from provided by, local education
authorities, which are supported by direct grant from central
government, or which are independent.
91. A power of removal from the premises, exercisable by a police
constable or by a person authorised by the local education authority
or, in the case of an aided or special agreement school, by the
school governors, is provided by subsection (3). This power is
available where the police constable or the authorised person has
reasonable cause to suspect that the person in question is committing
or has committed an offence under the section. It will therefore be
available in cases where a police officer has been called in to deal
with a disturbance falling within the terms of the section which may
have ended by the time he arrives although the perpetrators are still
present on the premises. In the case of voluntary schools, the local
education authority may not authorise a person to exercise the power
of removal conferred by subsection (3) without having first obtained
the consent of the school governors.
92. Proceedings for an offence under this section may be brought only
by a police constable, a local education authority or, where the
premises in question are those of an aided or special agreement school,
by a person authorised by the school governors. Again, in the case
of voluntary schools, a local education authority may not bring

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 proceedings without first having obtained the consent of the
school governors.
93. With regard to the exercise of this power by the police,
it should be noted that the provision is designed to allow police
constables to take action in cases where authorised persons have
called upon them for assistance, and subject to consultation with
authorised persons where appropriate, to allow them to respond if
necessary when a nuisance or disturbance is reported by a member
of the public. Local education authorities and where appropriate
school governors will therefore wish to consider in consultation
with the police what arrangements need to be made to ensure that
the police are aware of the appropriate contact point in respect
of each school in the area. Police officers should not be expected
to patrol school premises in order to enforce the provisions of
this section.
9*+. This section comes into force on 13 September 1982.
95* A number of local authorities have made byelaws under
section 233 of the Local Government Act 1972 to control violent
behaviour on school premises. Section 235 byelaws are invalid
where there are alternative statutory controls and current byelaws
are therefore likely to be ultra vires. The model byelaw will
be withdrawn.
Lost and 96. Section M enables a local authority to dispose of property
uncollected which is lost, or abandoned, on buildings or premises owned or
property managed by the authority, or which remains uncollected after it has
been deposited with the authority. Such property vests in the
authority after a specified period. Different periods are specified
depending on whether the authority has been able to identify the
owner or depositor of the property, and to serve notice on such a
person to collect the property. If the property is perishable or if
continuing to keep it would be unreasonably expensive or inconvenient
for the local authority, the authority can dispose of the property as
it thinks fit. The authority can reward the finder of any lost or
abandoned property that vests in the authority with the whole, or
any part, of that property or, where the proceeds of the sale of such
property vest in the authority, with a payment not exceeding the
value of the property.
97* The section does not apply to property which is found on
aerodromes (or in aircraft on aerodromes), in public service
vehicles, or on premises belonging to or under the control of the
London Transport Executive. Property found on aerodromes is already
covered by the byelaw-making powers of section 3 of the Civil
Aviation Act 1968 and section 26 of the Civil Aviation Act 1980.
Property found on public service vehicles outside Greater London
is covered by the Public Service Vehicles (Lost Property)
Regulations 1978 (SI 1978 No.1684); that found on the London
Transport Executive's vehicles and on its premises is covered by
section 19* and Schedule 2 to, the London Transport Act 1982.

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Port health 98. Section k2 amends sections 2(2) and 3(1)(a) of the Public
districts and Health Act 1936 and section 41 of the London Government Act 1963
port health and includes a provision to facilitate any orders which are made
authorities in consequence of the section. The Secretary of State will be
able to constitute one "riparian authority" port health authority,
for a port health district comprising the whole or part of one or
more "customs port". A "customs port" is defined in subsection (1)
of section 2 of the 1936 Act as a port established for the purpose
of the enactments relating to Customs and in paragraphs (a) and (b)
of section 2 "riparian authority" is defined as either any local
authority, as defined in section 1(2) of the 1936 Act, any part
of whose district is in or abuts the port, or any other persons who
have authority in the port, for example conservators. Up till now
only a joint board, comprising representatives or two or more
riparian authorities, could be constituted port health authority for
a port health district consisting of any two areas being ports or
parts of ports. Enlarged local authority districts since local
government reorganisation and the fact that customs port boundaries
do not bear any relation to local authority boundaries have led to
difficulties in the current programme of reconstituting port health
authorities.
99. Section k2 also makes it clear that in order to carry out
their functions port health authorities have jurisdiction over parts
of the district of the riparian authorities. The whole of the area
over which the port health authority has jurisdiction will be
the defined port health district.
Advances for 100. Section kj> amends section 3 of the Local Authorities (Land)
acquisition of Act 1963 to widen the powers of local authorities to give loans for
land, erection the acquisition and development of land. Hitherto, authorities have
of buildings or been restricted in their use of section 3 to giving loans for the
carrying out of erection of buildings to persons to whom they have let or sold land.
works Such loans could not exceed 75$ of the value of the mortgaged
security of the building. Section 43 removes these restrictions.
Loans may now be given to any person to enable him to acquire land,
or to erect buildings or to carry out works, in any case where the
authority consider it to be for the benefit or improvement of their
area to do so. The section also increases the maximum amount of
any such loan from 75# to 90$ of the secured value of a building,
or other works, or the value of land.
Definition of 101. Section kk amends section 137 of the Local Government Act 1972.
certain local That section provides that local authorities may incur expenditure,
authority not exceeding the product of a 2p rate in the pound, where such
expenditure etc expenditure is in the interest of their area and is not incurred
for a purpose authorised by any other enactment. Section 44 (a)
provides a declaratory statement to the effect that section 137
may, if the other conditions set out in section 137 are satisfied,
be used by local authorities to give financial assistance to persons
carrying on commercial or industrial undertakings and that such
assistance may include the lending of money, the giving of
guarantees, or the making of grants.
102. Section 44 (b) provides a method whereby a local authority
is to calculate in any financial year whether or not it has
exceeded the financial limit in subsection (4) of section 137. The

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 prescribed method is to deduct certain amounts from the gross
expenditure incurred under the section. These amounts are:
urban programme grant (under the Local Government Grants
(Social Need) Act 1969) for an activity for which the
authority have incurred expenditure under section 137,
irrespective of whether the grant is actually paid in
the year that the expenditure is incurred;
repayment in that year of the principal of a loan raised
by the authority to finance expenditure under section 137
in any year. This avoids the double counting of both the
initial expenditure of the borrowed money and the subsequent
repayment of principal. Loan interest payments will fall
to be counted, however;
money spent by an authority under section 137 but defrayed
out of money raised by public subscription;
grant received by an authority for that year out of the
European Regional Development Fund or the Social Fund of the
European Economic Community in relation to expenditure incurred
in that year under section 137;
repayment to the authority in that year of a loan made by them
under section 137 in any year.
The section also enables the Secretary of State to allow other
expenditure or sums received to be deducted by specifying them in
an order. Such an order could apply to all authorities or
authorities of different descriptions.
Arrangements 103. Section 45 (1) provides that local authorities (as defined in
under Employment subsection (2)) shall have power and shall be deemed always to have
and Training had power to enter into arrangements with the Manpower Services
Act 1973 Commission or the Secretary of State under the provisions of the
Employment and Training Act 1973. The section removes from the
purview of section 137 of the Local Government Act 1972 any
expenditure incurred by a local authority under such arrangements
in relation to, for example, the Youth Opportunities Programme and
the Community Enterprise Programme; the section also removes doubts
as to the vires of a local authority entering into arrangements for
the purposes of the 1973 Act under section 137 of the 1972 Act in
cases where because of grants, the local authority does not incur
any expenditure at all.
Extension of 104. Section 46 extends from 1984 to 1986 the duration of powers
duration of local to assist industry in post-1974 local authority rationalisation
Act powers to Acts. Influential in this regard was the Government's agreement
assist industry to make an order deferring from 1984 to 1986 the date in section 262
etc of the Local Government Act 1972 when local legislation enacted
before 1 April 1974 will cease to have effect.

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 Appendix B

DRAFT OF A NOTICE TO BE PUBLISHED BY A LOCAL AUTHORITY UNDER SECTION 2(2) OF

THE ACT IN A CASE WHERE THE DATE SPECIFIED IN THE LOCAL AUTHORITY'S RESOLUTION
IS EARLIER THAN 13 OCTOBER 1982

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982

Control of Sex Establishments

NOTICE IS HEREBY GIVEN, under section 2(2) of the Local Government
(Miscellaneous Provisions) Act 1982, that /~ J Council resolved on
/ _7 to bring into force from JT _7 ("the appointed day") Schedule 3
to the Act, which provides for the control of sex establishments (i.e. sex
shops and sex cinemas). The appointed day in relation to sex cinemas will,
however, be 13 October 1982, which is the date specified in an order made by
the Secretary of State under paragraph 30(1) of the Schedule.
From the appointed day it will be an offnece, punishable on summary conviction
by a fine not exceeding £10,000, to use any premises including any vehicle,
vessel or stall in the local authority area as a sex establishment unless a
licence is in force under the Schedule in respect of the premises. In respect
of premises in use as a sex establishment before the date of first publication of
this notice, and in respect of which an application is made before the appointed
day, that use may continue until the application is determined.
A licence shall not be granted to (a) a person under the age of 18; (b) a
person who has been disqualified from holding such a licence; (c) a person,
other than a body corporate, who is not resident in the United Kingdom, or
was not so resident throughout the period of six months immediately preceding
the date of the application; or (d) a body corporate which is not incorporated
in the United Kingdom. No appeal, other than on questions of fact, exists
against a refusal on any of these grounds.
An application may be refused if (a) the applicant is unsuitable to hold the
licence by reason of having been convicted of an offence or for any other
reason; (b) the business to which the application relates would be managed by,
or carried on for the benefit of, a person, other than the applicant, who
would be refused a licence if he made the application himself; (c) the number
of sex establishments in the relevant locality at the time the application is
made is equal to or exceeds the number (which may be nil) which the authority
consider is appropriate for that locality; or (d) it would be inappropriate to
grant the application, having regard to (i) the character of the relevant
locality, (ii) the use to which any premises in the vicinity are put, or
(iii) the layout, character or condition of the premises concerned. An appeal
lies to the magistrates' court, and thence to the Crown Court, against a
refusal on ground (a) or (b), but no appeal lies against a refusal on ground
(c) or (d).
Premises in use as a sex establishment on 22 December 1981, and in respect of
which an application is made before the appointed day, are to be given
preference over other applicants by the local authority in deciding which
(if any) of several applications they are prepared to grant.

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Licences may be issued for not more than a year and may be subject to
such terms, conditions and restrictions as may be specified. Provision
is made in the Schedule for the renewal, transfer, revocation and
cancellation of licences and for the variation of terms, conditions and
restrictions. Licensed premises may be inspected at any reasonable time
by a constable or an authorised officer of the local authority.
The local authority may waive the requirement of a licence in any case
where they consider that to require a licence would be unreasonable or
inappropriat e.
Application forms, which also specify the public notice to be given in
respect of applications, may be obtained from /the address bclow7.

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DRAFT OF A NOTICE TO BE PUBLISHED BY A LOCAL AUTHORITY UNDER SECTION 2(2) OF
THE ACT IN A CASE WHERE THE DATE SPECIFIED IN THE LOCAL AUTHORITY'S
RESOLUTION IS LATER THAN 13 OCTOBER 1982

LOCAL GOVERNMENT (MISCELLANEOUS PROVISIONS) ACT 1982

Control of Sex Establishments

NOTICE IS HEREBY GIVEN, under section 2(2) of the Local Government
(Miscellaneous Provisions) Act 1982, that £_ J Council resolved on
£ _7 to bring into force from £ _7 Schedule 3 to the Act, which
provides for the control of sex establishments (i.e. sex shops and sex
cinemas).
From £ _7 it will be an offence, punishable on summary conviction by
a fine note exceeding £10,000, to use any premises including any vehicle,
vessel or stall in the local authority area as a sex establishment unless
a licence is in force under the Schedule in respect of the premises. In
respect of premises in use as a sex establishment before the date of first
publication of this notice, and in respect of which an application for a
licence is made before /"" _7» that use may continue until the
application is determined.
A licence shall not be granted to (a) a person under the age of 18;
(b) a person who has been disqualified from holding such a licence;
(c) a person, other than a body corporate, who is not resident in the
United Kingdom, or was not so resident throughout the period of six months
immediately preceding the date of the application; or (d) a body corporate
which is not incorporated in the United Kingdom. No appeal, other than on
questions of fact, exists against a refusal on any of these grounds.
An application may be refused if (a) the applicant is unsuitable to hold
the licence by reason of having been convicted of an offence or for any
other reason; (b) the business to which the application relates would be
managed by, or carried on for the benefit of, a person, other than the
applicant, who would be refused a licence if he made the application himself;
(c) the number of sex establishments in the relevant locality at the time
the application is made is equal to or exceeds the number (which nay be nil)
which the authority consider is appropriate for that locality; or (d) it
would be inappropriate to grant the application, having regard to (i) the
character of the relevant authority, (ii) the use to which any premises in
the vicinity are put, or (iii) the layout, character or condition of the
premises concerned. An appeal lies to the magistrates' court, and thence
to the Crown Court, against a refusal on ground (a) or (b), but no appeal
lies against a refusal on ground (c) or (d).
Premises in use as a sex establishment on 22 December 1981, and in respect
of which an application is made before £ J7» are to be given preference
over other applicants by the local authority in deciding which (if any) of
several applications they are prepared to grant.
Licences may be issued for not more than a year and may be subject to such
terms, conditions and restrictions as may be specified. Provision is made
in the Schedule for the renewal, transfer, revocation and cancellation of
licences and for the variation of terms, conditions or restrictions.
Licensed premises may be inspected at any reasonable time by a constable or
an authorised officer of the local authority.

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