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2E+W+SIn section 79 (statutory nuisances etc)—
(a)in subsection (1)(ga) after the word “street” there shall be inserted the words “ or in Scotland, road ”;
(b)in subsection (7)—
(i)in the definition of “local authority”, before the word “outside” in paragraph (b) there shall be inserted “in England and Wales”, the word “ and ” after paragraph (b) shall cease to have effect, and after paragraph (c) there shall be inserted “and
(d)in Scotland, a district or islands council or a council constituted under section 2 of the M1Local Government etc (Scotland) Act 1994;”;
(ii)in the definition of “premises” after the word “and” where it second occurs there shall be inserted the words “ , in relation to England and Wales, ”;
(iii)at the appropriate place there shall be inserted—
““road” has the same meaning as in Part IV of the New Roads and Street Works Act 1991;”;
[F1(c)in subsection (8)—
(i)after the words “port health district” where they first occur there shall be inserted the words “ or in Scotland where by an order under section 172 of the M2Public Health (Scotland) Act 1897 a port local authority or a joint port local authority has been constituted for the whole or part of a port, ”;
(ii)after the words “port health authority” where they second occur there shall be inserted the words “ , port local authority or joint port local authority, as the case may be ”;]
(d)in subsection (10) after the words “or (e)” there shall be inserted “ and, in relation to Scotland, paragraph (g) or (ga), ”;
(e)in subsection (11) after the words “subsection (12) and” there shall be inserted the words “ , in relation to England and Wales, ”.
Textual Amendments
F1Sch. 17 para. 2(c) repealed (S.) (1.10.2009) by Public Health etc. (Scotland) Act 2008 (asp 5), s. 128(2), sch. 3 Pt. 1 (with s. 127); S.S.I. 2009/319, art. 2(a), sch. 1
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