- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (30/11/2017)
- Gwreiddiol (Fel y'i Deddfwyd)
Version Superseded: 31/01/2024
Point in time view as at 30/11/2017.
Local Government Act 1972, Part II is up to date with all changes known to be in force on or before 25 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
23E+WSubject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.
24E+WParagraph 23 above shall not apply to the following enactments, that is to say—
(a)so much of section 160 of the M1Public Health Act 1875 as incorporates the provisions of the M2Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as “the original street-naming enactment”);
(b)section 171(4) of the said Act of 1875;
F1(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(d)sections 21, 82, 83 F2. . . of the M3Public Health Acts Amendment Act 1907; and
(e)sections 17 to 19 and 76 of the M4Public Health Act 1925;
and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.
Textual Amendments
F1Sch. 14 para. 24(c) repealed by Local Government (Miscellaneous Provisions) Act 1982 (c. 30, SIF 81:1), Sch. 7 Pt. I
F2Words in Sch. 14 para. 24(d) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 13
Marginal Citations
25(1)Subject to [F3sub-paragraph (2)] 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).E+W
(2)A resolution under this paragraph disapplying—
(a)section 171(4) of the M5Public Health Act 1875;
F4(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)section 82, 83 F5. . . of the M6Public Health Acts Amendment Act 1907; or
(d)section 76 of the M7Public 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)F6. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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)F7. . . be a date specified therein, being not earlier than one month after the date of the resolution; F8. . .
(b)F8. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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
F3Words in Sch. 14 para. 25(1) substituted (30.10.2008) by The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 (S.I. 2008/2840), art. 3(1)(a) (subject to art. 3(2))
F4Sch. 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
F5Words in Sch. 14 para. 25(2)(c) repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 13
F6Sch. 14 para. 25(4) repealed (30.10.2008) by The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 (S.I. 2008/2840), art. 3(1)(b) (subject to art. 3(2))
F7Words in Sch. 14 para. 25(6)(a) omitted (30.10.2008) by virtue of The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 (S.I. 2008/2840), art. 3(c)(i) (subject to art. 3(2))
F8Sch. 14 para. 25(6)(b) and preceding word repealed (30.10.2008) by The Legislative Reform (Local Authority Consent Requirements) (England and Wales) Order 2008 (S.I. 2008/2840), art. 3(c)(ii) (subject to art. 3(2))
Modifications etc. (not altering text)
C1Sch. 14 para. 25 applied with modifications by S.I. 1975/1636, art. 7
Marginal Citations
26E+WThe following enactments shall not extend to Greater London, that is to say—
(a)sections 160 and 171 of the M8Public Health Act 1875;
F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)sections 21 and 80 of the M9Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the M10Town Police Clauses Act 1847;
(d)sections 17 to 19, 75 and 76 of the M11Public Health Act 1925.
Textual Amendments
F9Sch. 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
Marginal Citations
27(1)The powers conferred on certain authorities by the enactments to which this paragraph applies shall be exercisable not only by those authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities for the purposes of the Public Health Acts 1875 to 1925, and references in those enactments to an urban authority or a local authority shall be construed accordingly.E+W
(2)This paragraph applies to the following enactments, that is to say—
(a)section 164 of the M12Public Health Act 1875;
(b)section 44 of the M13Public Health Acts Amendment Act 1890;
(c)Part VI of the M14Public Health Acts Amendment Act 1907, as amended by Part VI of the M15Public Health Act 1925.
28E+WA district council [F10or, where they are not the highway authority, the council of a Welsh principal area] shall not without the consent of the highway authority—
(a)provide a clock under section 165 of the M16Public Health Act 1875 in a case where it overhangs a highway; or
(b)exercise any power under section 40 or 42 of the M17Public Health Acts Amendment Act 1890 or section 14 or 75 of the M18Public Health Act 1925 in relation to a highway.
Textual Amendments
F10Words in Sch. 14 para. 28 inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 63 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Marginal Citations
29E+WA highway authority who are not a local authority within the meaning of the M19Public Health Acts 1875 to 1925 may exercise concurrently with the local authority powers conferred on the latter by section 153 of the Public Health Act 1875.
Marginal Citations
30E+WAny reference in section 161 of the said Act of 1875 to an urban authority shall, in relation to a metropolitan road within the meaning of the M20London Government Act 1963, be construed as a reference to the Greater London Council alone.
Marginal Citations
31E+WA local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the M21Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.
Marginal Citations
32E+WSo much of section 76 of the said Act of 1907 as enables the Secretary of State to make rules governing the exercise by local authorities of their powers under that section shall cease to have effect.
33E+WF11. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11Sch. 14 para. 21 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 13
Marginal Citations
X134E+WIn section 3(1) of the Parish Councils Act 1957, for the words from the beginning to the word “council”, in the second place where it occurs, there shall be substituted the words “ The council of a parish or community or, in the case of a parish for which there is no parish council ”and for the words “in that part of the parish, as the case may be” there shall be substituted the words “ community, or in any part thereof ”.
Editorial Information
X1The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
35E+WF12. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F12Sch. 14 para. 35 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 13
36E+WF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F13Sch. 14 para. 36 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 13
37E+WThe powers conferred on a local authority by section 34 of that Act shall as respects England be exercisable also by a county council and references in that section to a local authority shall be construed accordingly.
F1438, 39.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
40E+WThe powers conferred on a local authority by sections 44 and 46 of that Act shall, in the case of a street outside Greater London which is a highway, be exercisable by the highway authority as well as by the local authority.
F1541E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F15Sch. 14 para. 41 repealed by Litter Act 1983 (c. 35, SIF 100:3), s. 12(3), Sch. 2
42E+WThe powers conferred by sections 52 to 54 of that Act on local authorities shall be exercisable not only by such authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in those sections to a local authority shall be construed accordingly.
F1643E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
44E+WF17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F17Sch. 14 para. 44 repealed (22.7.2004) by Statute Law (Repeals) Act 2004 (c. 14), s. 1(1), Sch. 1 Pt. 13
F1845E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F1946, 47.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F2048E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
Marginal Citations
X249E+WIn section 5(1) of the Deposit of Poisonous Waste Act 1972, for paragraph (a) there shall be substituted the following paragraphs:—
“(a)in England, county councils and the Greater London Council;
(aa)in Wales, district councils ; and”.
Editorial Information
X2The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys