F1Part II
Provision of sites by local authorities
6 Duty of local authorities to provide sites for gipsies.
1
Subject to the provisions of this and the next following section, it shall be the duty of every local authority being F2the council of a county, metropolitan district or London borough to exercise their powers under section 24 of the Caravan Sites and Control of Development Act 1960 (provision of caravan sites) so far as may be necessary to provide adequate accommodation for gipsies residing in or resorting to their area.
2
3
Any local authority may defray or contribute towards expenditure incurred or to be incurred under this Part of this Act by any other authority.
4
The powers of a local authority under the said section 24 shall include power to provide, in or in connection with sites for the accommodation of gipsies, working space and facilities for the carrying on of such activities as are normally carried on by them; but subsection (1) of this section shall not apply to the powers conferred by this subsection.
7 Functions of district councils.
1
The duty imposed by section 6(1) of this Act on the council of a county shall extend only to determining what sites are to be provided and acquiring or appropriating the necessary land; and it shall be the duty of the council of the district in which any such site is located to exercise all other powers under section 24 of the M1Caravan Sites and Control of Development Act 1960 in relation to the site.
2
The charges to be made by the council of a county district pursuant to subsection (3) of the said section 24 in respect of any such site shall be such as may be determined by the council of the county; and the council of the county shall pay to the council of the district sums equal to their expenditure reasonably incurred under this section (including the proper proportion of the remuneration and expenses of their officers and other administrative expenditure) so far as it exceeds their receipts thereunder.
3
The council of any county district may, with the approval of the council of the county concerned, agree with the council of any other such district for the discharge by one of those councils, as agent for the other, of such of the functions under this section of the latter council as may be specified in the agreement.
4
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8 Location of sites in counties.
1
Before adopting a proposal to acquire or appropriate land for a site pursuant to this Part of this Act, the council of a county shall consult the council of the county district in which the land is situated and such other authorities and persons as they consider appropriate.
2
If objection is made to any such proposal by the council of a county district in or adjacent to which the land is situated and is not disposed of in consultation with the council of the county, the council of the county district may give notice of the objection to the Minister.
3
After considering any such objection the Minister may, as appears to him proper, give directions to the council of the county—
a
to abandon the proposal;
b
to proceed with the proposal; or
c
to make an application for planning permission in respect of the proposed use of the land;
and any application for planning permission made pursuant to such directions shall be deemed to be be referred to the Minister under F7section 77 of the Town and Country Planning Act 1990.
9F8 Power of Secretary of State to direct local authorities to provide sites.
—The Secretary of State may, if at any time it appears to him to be necessary so to do, give directions to any local authority to which subsection (1) of section 6 of this Act applies requiring them to provide, pursuant to that section, such sites or additional sites, for the accommodation of such numbers of caravans, as may be specified in the directions; and any such directions shall be enforceable, on the application of the Secretary of State, by mandamus.
Pt. II (ss. 6-12) repealed (3.11.1994) by 1994 c. 33, ss. 80(1)(3)(4), 168(3), Sch. 11