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- Point in Time (20/11/2001)
- Original (As enacted)
Version Superseded: 22/07/2004
Point in time view as at 20/11/2001.
Local Government Act 1972, Cross Heading: The environment is up to date with all changes known to be in force on or before 26 August 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.
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(1)For the purposes of the enactments to which this section applies, the local authority and sanitary authority (whether urban or not) shall—
(a)for a district, be the district council;
(b)for a London borough, be the borough council;
(c)for the City, be the Common Council;
(d)for the Inner Temple and Middle Temple, be the Sub-Treasurer and the Under Treasurer thereof respectively;
[F1(e)for a Welsh county or county borough, be the county council or county borough council;]
but the foregoing provision shall have effect subject to the other provisions of this Act and, in particular, to Schedule 14 to this Act and, as respects any area in Greater London, to Part I of Schedule 11 to the 1963 Act.
(2)The M1Public Health Act 1936 shall have effect subject to the amendments and modifications specified in Part I of Schedule 14 to this Act and Part II of that Schedule shall have effect for making amendments and modifications to other enactments relating to public health, building control, public parks, lighting and related matters.
(3)This section applies to the following enactments:—
(a)the Public Health Acts 1875 to 1925;
[F2(b)the M2Alkali, &c. Works Regulation Act 1906;]
(c)the M3Public Health Act 1936, except so much of it as falls within section 181(1) or (2) below;
[F3(d)section 8 of the M4Local Government (Miscellaneous Provisions) Act 1953;]
(e)Part XIII of the M5Mines and Quarries Act 1954;
F4(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F3(g)section 1 of the M6Noise Abatement Act 1960;]
(h)the M7Public Health Act 1961, except so much of it as falls within section 181(2) below;
F5(i). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F6(j). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(k)section 6 of the M8Chronically Sick and Disabled Persons Act 1970.
(4)Expressions used in this section and Schedule 14 to this Act and in the M9Public Health Act 1936 shall, except so far as the context otherwise requires, have the same meanings respectively in this section and that Schedule as they have in that Act.
Textual Amendments
F1S. 180(1) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 35 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F2S. 180(3)(b) repealed (prosp.) by Environmental Protection Act 1990 (c. 43, SIF 46:4), ss. 162(2), 164(3), Sch. 16 Pt. I
F3S. 180(3)(d)(g) repealed (prosp.) by Control of Pollution Act 1974 (c. 40), s. 109(2), Sch. 4
F4S. 180(3)(f) repealed (27.8.1993) by 1993 c. 11, ss. 67(3), 68(2), Sch. 6.
F5S. 180(3)(i) repealed by Public Health (Control of Disease) Act 1984 (c. 22, SIF 100:1), s. 78, Sch. 3
F6S. 180(3)(j) repealed by Environmental Protection Act 1990 (c. 43, SIF 46:4), s. 162(2), Sch. 16 Pt. III
Marginal Citations
(1)For the purposes of the following enactments, that is to say—
(a)Part IV of the M10Public Health Act 1936 and Part XII of that Act, so far as relating to the said Part IV;
(b)the M11Rural Water Supplies and Sewerage Act 1944, so far as relating to water;
(c)section 12 of the M12Local Government (Miscellaneous Provisions) Act 1953;
(d)the M13Water Acts 1945 M14 and 1948 and the M15Water Act 1958;
the local authority shall, for any district, be the district council, and for any London borough, be the borough council [F7and for any principal area in Wales, be the principal council].
(2)For the purposes of the following enactments, that is to say—
(a)[F8sections 15, 17–24, 27, 29–34, 36 and 42] of the M16Public Health Act 1936 and sections 90 and Part XII of that Act, so far as relating to those sections;
(b)the M17Public Health (Drainage of Trade Premises) Act 1937;
(c)the M18Rural Water Supplies and Sewerage Act 1944, so far as relating to sewerage and the disposal of sewage;
(d)section 13 of the M19Local Government (Miscellaneous Provisions) Act 1953;
(e)sections 12 to 15 and Part V of, and Schedule 2 to, the M20Public Health Act 1961;
the local authority shall for any area outside Greater London be the district council.
F9(3)—(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9)An order under section 6 of the M21Public Health Act 1936 or under subsection (3) above or an order amending any such order may confer on a joint board constituted for the exercise of sewerage functions any of the sewerage functions of the constitutent members and may confer such functions—
(a)subject to any limitation or condition specified in the order (whether or not the limitation or condition applies to the discharge of the functions by the constituent member); or
(b)free from any limitation or condition so specified which applies to the discharge of those functions by the constituent member.
X1(10)Schedule 15 to this Act shall have effect for making amendments and modifications to the enactments relating to water and sewerage.
(11)In this section—
“sewerage functions” means functions under any of the enactments mentioned in subsection (2) above; and
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F10
Editorial Information
X1The text of ss. 181(10), 186(4) 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.
Textual Amendments
F7Words in s. 181(1) added (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 36 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F8Words substituted by Building Act 1984 (c. 55, SIF 15), ss. 133, 135, Sch. 6 para. 14
F9Ss. 177(1)(b), 181(3)–(8) repealed by Water Act 1973 (c. 37), Sch. 9
F10Definition repealed by Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17
Marginal Citations
F11(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)In that Schedule—
F12(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b)Part II shall have effect with respect to the exercise by such authorities of functions under other enactments relating to town and country planning and for making minor amendments and modifications of such other enactments; and
F12(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F12(4)–(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F11S. 182(1) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1, 2), s. 3, Sch. 1 Pt. I, Sch. 3 paras. 1, 2, 4, 6
F12S. 182(2)(3)(a)(c)(4)–(6) repealed by Planning (Consequential Provisions) Act 1990 (c. 11, SIF 123:1,2), s. 3, Sch.1 Pt. I, Sch. 3 paras. 1, 2, 4, 6
Textual Amendments
[F14(1)The functions conferred on a local planning authority by or under the National Parks and Access to the M22Countryside Act 1949 and the M23Countryside Act 1968 shall—
(a)as respects England elsewhere than in the metropolitan counties, Greater London and the Isles of Scilly, be exercisable in accordance with the following provisions of this section; and
(b)as respects Wales, be exercisable in accordance with [F15subsections (7) and (8) below].]
(2)The following of the said functions, that is to say those conferred by—
(a)Part II and sections 61, 62, 63, 78, 90(5), 92 (so far as relating to parking places in a National Park), 99(3) and 101(3) of the said Act of 1949; and
(b)sections 12(5), 13 and 14 of the said Act of 1968;
shall, subject to subsection (3) below F16. . ., be functions of the county planning authority.
(3)The functions of a local planning authority under [F17section 9] of the said Act of 1949 shall as respects any area outside a National Park be exercisable both by county planning authorities and district planning authorities.
(4)All other functions conferred by or under any other provision of the said Acts of 1949 and 1968 on a local planning authority shall, F18. . ., be exercisable both by county planning authorities and district planning authorities.
(5)References in the said Acts of 1949 and 1968 to a local planning authority shall be construed accordingly.
F19(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Sections 27 to 38 of the said Act of 1949 and Parts II to IV of Schedule 3 to the said Act of 1968 (survey of public paths, etc.) shall have effect subject to the modifications specified in Part II of the said Schedule 17 and those Acts shall have effect subject to the further modifications specified in Part III of that Schedule.
(8)In that Schedule “the 1949 Act” and “the 1968 Act” mean the said Acts of 1949 and 1968 respectively.
Textual Amendments
F14S. 184(1) substituted (1.4.1996) by 1994 c. 19, s. 20(4), Sch. 6 para. 1 (with ss. 54(5)(7), 55(5), Sch. 17 para. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1
F15Words in s. 184(1)(b) substituted (1.4.1997) by 1995 c. 25, s. 78, Sch. 10 para. 10(2)(b) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1996/2560, art. 2
F16Words in s. 184(2) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
F17Words in s. 184(3) substituted (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 10(3) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)
F18Words in s. 184(4) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
F19S. 184(6) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.
Modifications etc. (not altering text)
C1S. 184 excluded (19.9.1995) by 1995 c. 25, ss. 68(1), 125(2) (with ss. 7(6), 115, 117, Sch. 8 para. 7)
Marginal Citations
(1)In the M24Town Development Act 1952 (in this section referred to as “the principal Act”) in section 1(1) (which defines the term “town development” as applying to development in a county district, the provision of which will relieve congestion or over-population elsewhere) for the word “elsewhere” there shall be substituted the words “ outside the county comprising the district or districts in which the development is carried out ”.
F20(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)The principal Act shall have effect subject to the amendments specified in Schedule 18 to this Act, being—
(a)amendments consequential on this Part of this Act, and
(b)amendments incorporating provisions of section 34 of the M25Housing Act 1961 and subsections (1) and (2) of section 61 of the M26London Government Act 1963 (modification of principal Act in relation to counties and to Greater London).
(5)Notwithstanding anything in subsection (1) above, any development carried out after the date on which that subsection comes into force as part of a scheme begun before that date, being a scheme of town development within the meaning of the principal Act as then in force, shall be treated as town development for the purposes of that Act.
Textual Amendments
F20S. 185(2)(3) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XIV
Marginal Citations
F21(1). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F23(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F21(4). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F24(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6)So much of section 6 of the M27Transport Charges &c. (Miscellaneous Provisions) Act 1954 as requires the making of an order by the Secretary of State for the revision of any charges in connection with a ferry undertaking shall cease to have effect in relation to an undertaking operated by a local authority or a Passenger Transport Executive, and accordingly a local authority or Passenger Transport Executive operating any such ferry undertaking as is referred to in subsection (1)(c) of that section—
(a)may from time to time make such revision of any of the charges which they are authorised to demand in connection with the undertaking as seems to them appropriate; and
(b)may, if they think fit, determine that any such charges shall no longer be made;
and so much of section 1(2) of the M28Ferries (Acquisition by Local Authorities) Act 1919 as requires the approval of the Secretary of State to any scale of tolls fixed by a local authority or to a determination by a local authority to free a ferry from tolls shall cease to have effect.
(7)In subsection (6) above, “local authority” includes any existing county borough or county district council and the Common Council.
Textual Amendments
F21S. 186(1)(4) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XV Gp. 1.
F23S. 186(3) repealed by Transport Act 1980 (c. 34, SIF 107:1), s. 69, Sch. 9 Pt. I
F24S. 186(5) repealed by Transport Act 1985 (c. 67, SIF 126), s. 139(3), Sch. 8
Marginal Citations
F25(1)(2). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3)With respect to footpaths and bridleways within their area a district council [F26or, where they are not the highway authority, a Welsh principal council] shall have—
(a)the like powers as a highway authority under section 57(3) of the National Parks and Access to the M29Countryside Act 1949 (prosecution of offences of displaying on footpaths notices deterring public use), and
F25(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F25(4)–(8). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Textual Amendments
F25S. 187(1)(2)(3)(b)(4)–(8) repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
F26Words in s. 187(3) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 37 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Marginal Citations
Textual Amendments
F27S. 188 repealed by Highways Act 1980 (c. 66, SIF 59), s. 343(3), Sch. 25
(1)Without prejudice to the making of any new agreement under section 2(2) of the M30Commons Registration Act 1965 (agreement for one local authority to be registration authority for land which spans the boundaries of two or more authorities) any agreement under that section which is in force immediately before 1st April 1974 shall cease to have effect on that day.
X2(2)For subsection (5) of section 8 of the Commons Registration Act 1965 (council in which unclaimed land is to be vested) there shall be substituted the following subsections:—
“(5)Subject to subsection (6) of this section, the local authority in which any land is to be vested under this section is—
(a)if the land is in a parish or community where there is a parish or community council, that council, but, if the land is regulated by a scheme under the Commons Act 1899, only if the powers of management under Part I of that Act are, in accordance with arrangements under Part VI of the Local Government Act 1972, being exercised by the parish or community council;
(b)if the land is in a London borough, the council of that borough; and
(c)in any other case, the council of the district in which,the land is situated.
(6)Where—
(a)any land has been vested in a district council in accordance with subsection (5)(c) of this section, and
(b)after the land has been so vested a parish or community council comes into being for the parish or community in which the land is situated (whether by the establishment of a new council or by adding that parish or community to a group of parishes or communities for which a council has already been established),
then, if the circumstances are such that, had the direction under subsection (3) of this section been given at a time after the parish or community council had come into being, the land would in accordance with subsection (5)(a) of this section have been vested in the parish or community council, the district council shall, if requested to do so by the parish or community council, direct the registration authority to register the parish or community council, in place of the district council, as the owner of the land; and the registration authority shall comply with any such direction.
(7)The council of any district, parish or community affeected by any registration made in pursuance of subsection (6) above shall pay to the other of those councils so affected such sum, if any, as may be agreed between them to be appropriate to take account of any sums received or to be received, or any expenditure incurred or to be incurred, in respect of the land concerned, and, in default of agreement, the question of what sum, if any, is appropriate for that purpose shall be determined by arbitration.”
(3)The references in section 12 of the M31Inclosure Act 1857 (prevention of nuisances in town and village greens, etc.,) to a churchwarden or overseer of the parish in which the town or village green or land is situated shall be construed—
(a)with respect to a green or land in a parish, as references to the parish council, or, where there is no parish council, the parish meeting;
(b)with respect to a green or land in a community where there is a community council, as references to the community council;
(c)with respect to any other green or land, as references to the council of the district [F28or Welsh principal area] in which the green or land is situated;
and where those references fall to be construed in accordance with paragraph (c) above, the reference in the said section 12 to highways in the parish shall be construed as a reference to highways in the district [F29or (as the case may be) area].
X2(4)In section 193(1) of the M32 Law of Property Act 1925 (right of the public over certain commons, including those situated within a borough or urban district) after the words “situated within” there shall be inserted the words “ an area which immediately before 1st April 1974 was ”.
Editorial Information
X2The text of s. 189(2)(4) 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.
Textual Amendments
F28Words in s. 189(3)(c) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 38(a) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F29Words in s. 189(3) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 38(b) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Marginal Citations
M321925 c 20.
(1)In section 6 of the M33 Caravan Sites Act 1968 in subsection (1) (duty of local authorities to provide sites for gipsies) the words “county borough” shall be omitted and in subsection (2) of that section (modifications in relation to county boroughs and London boroughs), for the words “county borough” in the first place where they occur, there shall be substituted the words “ metropolitan county ” and after the words “at a time” there shall be inserted the words “ in each district in the county or, as the case may be, in the London borough ”F30. . .
F31(2)(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)On an application made before 1st April 1974 by the council of an existing county or county borough, the Secretary of State may, by an order made under and in accordance with section 12 of the M34Caravan Sites Act 1968, designate as an area to which section 10 of that Act applies so much of a new county as comprises the whole or any part of the existing county or county borough.
Textual Amendments
F30Words repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), Sch. 34
F31S. 190(2)(3) repealed by Local Government, Planning and Land Act 1980 (c. 65, SIF 81:1, 2), s. 194, Sch. 34 Pt. XVI
Modifications etc. (not altering text)
C2The text of s. 190(1) isin the form in which it was originally enacted: it was not reproduced in Statutes in Force and, except as specified, does not reflect any amendments or repeals which may have been made prior to 1.2.1991.
Marginal Citations
(1)In its application outside Greater London, the M35Ordnance Survey Act 1841 (in this section referred to as “the 1841 Act”) shall have effect subject to the following modifications.
(2)An application under section 1 of the 1841 Act shall be sent to the proper officer of either a county council or a district council [F32(or, in Wales, a principal council)] and, where such an application is made, the function of appointing a person to assist in examining, ascertaining and marking out reputed boundaries shall be exercisable by the council to whose proper officer the application was sent.
F33(3). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(4)References, in whatever terms, in the 1841 Act—
(a)to the justices by whom a person is appointed under section 1 of that Act shall be construed as references to the county council or the district council, as the case may require [F32or, in Wales, the principal council)], and
(b)to the clerk of the peace for a county shall be construed as references to the proper officer of the county council or the district council as the case may require [F32(or, in Wales, the principal council)].
(5)Without prejudice to section 15 of the 1841 Act (which among other things extends the meaning of the word “county” in that Act) references in that Act to a county include references to any [F34preserved county or] local government area within the meaning of this Act.
Textual Amendments
F32Words in s. 191(2)(4)(a)(b) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 39(a)(b)(c) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
F33S. 191(3) repealed (5.11.1993) by 1993 c. 50, s. 1(1), Sch. 1 Pt. XIII Gp. 1.
F34Words in s. 191(5) inserted (1.4.1996) by 1994 c. 19, s. 66(5), Sch. 15 para. 39(d) (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 4, Sch. 2
Marginal Citations
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