Norfolk and Suffolk Broads Act 1988

10 (1) The following section shall be inserted in the Local Government Act 1972 after section 265— E+W

“265A Application in relation to the Broads Authority.

(1) Subject to subsections (2) and (3) below, the following provisions of this Act shall have effect as if the Broads Authority were a local authority and the Broads were its local government area—

(a) section 70;

(b) sections 80(1)(a) and (2), 85, 92, 94 to 98, 99 and 100;

(c) sections 101 to 106;

(d) sections 111 to 119;

(e) sections 120 to 123 and 128 to 131;

(f) sections 135, 136, 139, 140, 140A, 140C, 143 and 144;

(g) sections 153 and 173 to 177; and

(h) sections 222, 223, 225, 228 to 234 and 239.

(2) The Navigation Committee of the Broads Authority shall be treated, for the purposes of this Act and of any other enactment relating to the committees of local authorities (but subject to section 9 of the Norfolk and Suffolk Broads Act 1988), as a committee of the Authority appointed under section 102 of this Act.

(3) Sections 120 to 123, 128 and 224 shall have effect as if the Authority were a principal council.”

(2) The provisions of section 82 of the Act of 1972 (validity of acts done by unqualified persons) shall become subsection (1) of that section and after that subsection there shall be inserted the following subsection—

“(2) Subsection (1) above shall have effect, in relation to the Broads Authority, as if the reference to this Act included a reference to the Norfolk and Suffolk Broads Act 1988.”.

(3) In section 92 of the Act of 1972 (proceedings for disqualification), the following subsection shall be added at the end—

“(8) In relation to the Broads Authority, the reference in subsection (1) above to a local government elector for the area concerned shall be construed as a reference to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.”

(4) In section 100E of the Act of 1972 (application to committees and sub-committees), in subsection (3), the following shall be inserted after paragraph (b)—

“(bb) the Navigation Committee of the Broads Authority; or”;

and in paragraph (c), for the words “paragraph (a) or (b)” there shall be substituted the words “ paragraphs (a) to (bb) ”.

(5) In section 100J of the Act of 1972 (application of access to information provisions to various authorities), in subsection (1), the following paragraph shall be inserted after paragraph (c)—

“(cc) the Broads Authority;”;

in subsection (3) after “(b)” there shall be inserted “ (cc) ” and in subsection (4) the following paragraph shall be inserted after paragraph (a)—

“(aa) in relation to the Broads Authority or its Navigation Committee, with the substitution for the words from “ward” onwards of the words “name of the body which appointed him”; and”. F1

(6) In section 177 of the Act of 1972 (supplementary provision relating to allowances etc.), the following subsection shall be added at the end—

“(5) In their application to the Broads Authority, sections 173(1) and 173A shall have effect as if—

(a) references to a councillor were references to a member of the Authority appointed by one of the bodies mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988; and

(b) references to a person’s election were references to his appointment.”

F1 (7) In section 177A of the Act of 1972 (special responsibility allowances), the following subsection shall be added at the end—

“(6) For the purposes of this section the Broads Authority shall be deemed to be a principal council; and in its application to the Authority this section shall have effect as if the reference to any member who is a councillor were a reference to any member of the Authority and any member of its Navigation Committee.”.

(8) In section 228 of the Act of 1972 (inspection of documents), the following subsection shall be added at the end—

“(9) In relation to the Broads Authority, the references in this section to a local government elector for the area of the authority shall be construed as references to a local government elector for the area of any of the local authorities mentioned in section 1(3)(a) of the Norfolk and Suffolk Broads Act 1988.”.

(9) In section 270 of the Act of 1972 (interpretation), the following definition shall be inserted at the appropriate place—

• ““the Broads” has the same meaning as in the Norfolk and Suffolk Broads Act 1988.”.

Textual Amendments

F1 Sch. 6 para. 10(6)(7) repealed (prosp) by Local Government and Housing Act 1989 (c.42, SIF 81:1), ss. 194(4), 195(2), Sch. 12 Pt. II