Local Government, Planning and Land Act 1980

Abolition of certain procedures for settlement of disputes by Minister

6 (1) This paragraph shall have effect for the purpose of abolishing certain powers of the Secretary of State or the Minister of Transport to determine disputes.

(2) The following subsection shall be substituted for section 5(3) of the [1953 c. 26.] Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities): —

“(3) Where the consent of the Secretary of State or the Minister of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.”.

(3) In section 108(10) of the [1959 c. 25.] Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words " and any question arising under this subsection whether the withholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect.

(4) Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect

(5) In Schedule 3 to the [1961 c. 64.] Public Health Act 1961 the following paragraph shall be substituted for paragraph 4 (disputes as to consents for execution of works in streets for purposes of safety and of reduction of litter): —

“4 Where the consent of the Secretary of State or the Minister of Transport is required under this Schedule, any dispute between the Minister whose consent is required and the authority as to whether the Minister's consent is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of anything to the provision of which the consent relates in accordance with any condition of the consent is reasonably required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers”.

(6) Section 29(3) of the [1966 c. 42.] Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect.

(7) Nothing in this paragraph shall prevent the Secretary of State or the Minister of Transport—

(a) determining any dispute referred or appeal brought to him under the provisions specified in sub-paragraphs (2) to (6) above before the passing of this Act; or

(b) exercising any power conferred on him under those provisions in respect of any such dispute or appeal.