Local Government Act 1972

25 (1) Subject to sub-paragraphs (2) and (4) below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area).

(2) A resolution under this paragraph disapplying—

(a) section 171(4) of the M1 Public Health Act 1875;

F1 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) section 82, 83 or 85 of the M2 Public Health Acts Amendment Act 1907; or

(d) section 76 of the M3 Public Health Act 1925;

must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time.

(3) A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area.

(4) A resolution under this paragraph applying or disapplying section 171(4) of the M4 Public Health Act 1875 throughout an area shall not have effect unless approved by the Secretary of State.

(5) The notice which is requisite for a resolution given under sub-paragraph (1) above is a notice—

(a) given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and

(b) served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.

(6) The date on which a resolution under this paragraph is to take effect shall—

(a) except in the case of a resolution applying or disapplying section 171(4) of the M5 Public Health Act 1875 throughout any area, be a date specified therein, being not earlier than one month after the date of the resolution; and

(b) in the said excepted case, be a date specified in the Secretary of State’s approval of the resolution.

(7) A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.

Textual Amendments

F1 Sch. 14 paras. 25(2)(b), 26(b) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), s. 47, Sch. 7 Pt. I

Modifications etc. (not altering text)

C1 Sch. 14 para. 25 applied with modifications by S.I. 1975/1636, art. 7

Marginal Citations

M1 1875 c. 55.

M2 1907 c. 53.

M3 1925 c. 71.

M4 1875 c. 55

M5 1875 c. 55.