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Local Government Act 1974
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- 1974 c. 7
- Part IV
- Section 35
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Version Superseded: 15/07/2003
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35 Removal or relaxation of controls affecting certain local authority functions.E+W
(1)For the purpose of removing or relaxing controls which affect the exercise by local authorities of certain functions, including limits imposed on the amount of the fees which may be charged by local authorities in connection with the issue of licences and the exercise of other functions, the enactments specified in the first column of Schedule 6 to this Act shall have effect subject to the amendments specified in the second column of that Schedule.
(2)Without prejudice to section 43(4) below, any reference in Schedule 6 to this Act to any enactment includes a reference to that enactment as applied by any other enactment, including a local Act.
(3)Without prejudice to subsection (1) above, the Secretary of State may by order made by statutory instrument make provision for the removal or relaxation of any control, including any such limit as is referred to in subsection (1) above, which affects the exercise of any function by a local authority and which is conferred by or under any enactment on a Minister of the Crown or a body constituted by or under any enactment.
(4)An order made under this section—
(a)may be revoked or varied by a further order so made, and
(b)may contain such incidental or consequential provisions as appear to the Secretary of State to be appropriate, including provisions amending or repealing or revoking, with or without savings, any enactment passed before this Act and any instrument made under any such enactment.
(5)A statutory instrument containing an order under this section shall be of no effect unless approved by a resolution of each House of Parliament.
(6)In this section “local authority” means any local authority within the meaning of the M1Local Government Act 1972, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple, the Council of the Isles of Scilly, a port health authority, the London Transport Executive and a Passenger Transport Executive.
Modifications etc. (not altering text)
C1S. 35(3): application continued by Weights and Measures Act 1985 (c. 72, SIF 131), s. 196(1), Sch. 11 para. 19
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