In this section “local authority” includes the Common Council.

Any member or officer of a local authority who is authorised by that authority to prosecute or defend on their behalf, or to appear on their behalf in, proceedings before a magistrates’ court shall be entitled to prosecute or defend or to appear in any such proceedings, and, notwithstanding anything contained in F1the M1Solicitors Act 1974, to conduct any such proceedings although he is not a solicitor holding a current practising certificate.

In this section “local authority” includes the Common Council F2, a joint authority F3andF4, a police authority established under F5section 3 of the Police Act 1996 . . . F6. . ..

Without prejudice to the powers of the custos rotulorum to give directions as to the documents of any county, a principal council shall make proper arrangements with respect to any documents which belong to or are in the custody of the council or any of their officers.

This section applies to a joint authority . . . F9 as it applies to a principal council.

In subsection (1) above “county”, in relation to Wales, means a preserved county.

In any case in which a document of any description is deposited with the proper officer of a local authority, or with the chairman of a parish or community council or with the chairman of a parish meeting, pursuant to the standing orders of either House of Parliament or to any enactment or instrument, the proper officer or chairman, as the case may be, shall receive and retain the document in the manner and for the purposes directed by the standing orders or enactment or instrument, and shall make such notes or endorsements on, and give such acknowledgments and receipts in respect of, the document as may be so directed.

All documents required by any enactment or instrument to be deposited with the proper officer of a parish or community shall, in the case of a parish or community not having a separate parish or community council, be deposited in England with the chairman of the parish meeting or in Wales with the proper officer of the F11principal council.

In this section “local authority” includes a joint authority F13. . ..

Nothing in this Act shall affect the custody of registers of baptisms, marriages and burials and of all other documents containing entries wholly or partly relating to the affairs of the church, as defined by the M2Local Government Act 1894, or to ecclesiastical charities, as so defined, except documents directed by law to be kept with the papers of a parish or community.

Any difference about the custody of or access to any documents mentioned in subsection (1) or (2) above shall, if the area is in F15Wales or in a F16metropolitan district, London borough or the City, be determined by the Secretary of State and in any other case by the county council.

F17The council of every county or metropolitan district shall from time to time enquire into the manner in which specified papers under the control of a parish F18. . . or parish meeting F19in their area are kept with a view to their proper preservation, and shall make such orders as they think necessary for their preservation, and those orders shall be complied with by the parish F18. . . or parish meeting.

Subsection (5) above shall also apply in relation to community councils but as if the functions conferred by it were functions of the principal council.

In the case of a parish or community having a separate parish or community council that council or, if they so request, the council of the district in which the parish F21. . . is situated F22or the council of the principal area in which the community is situated, shall provide proper depositories for all the specified papers belonging to the parish or community for which no provision is otherwise made.

In the case of a parish or community not having a separate parish or community council, the council of the district in which the parish F21. . . is situated F22or the council of the principal area in which the community is situated shall provide proper depositories for all the specified papers under the control of the parish meeting or belonging to the community but in England only with the consent of the parish meeting of the parish.

The minutes of proceedings of a F23parish or community council shall be open to the inspection of any local government elector for the area of the F23the council and any such local government elector may make a copy of or extract from the minutes.

A local government elector for the area of a local authority may inspect and make a copy of or extract from an order for the payment of money made by the local authority.

The accounts of a local authority and of any proper officer of a local authority shall be open to the inspection of any member of the authority, and any such member may make a copy of or extract from the accounts.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Subject to any provisions to the contrary in any other enactment or instrument, a person interested in any document deposited as mentioned in section 225 above may, at all reasonable hours, inspect and make copies thereof or extracts therefrom on payment to the person having custody thereof of the sum of 10p for every such inspection, and of the further sum of 10p for every hour during which such inspection continues after the first hour.

A document directed by this section to be open to inspection shall be so open at all reasonable hours and, except where otherwise expressly provided, without payment.

This section shall apply to the minutes of proceedings and the accounts of a joint authority F27or a police authority established under F28section 3 of the Police Act 1996. . . as if that authority were a local authority and as if, F29. . ., references to a local government elector for the area of the authority were a reference to a local government elector for any local government area in the area for which the authority is established.

This section shall apply to the minutes of proceedings and to the accounts of a parish meeting as if that meeting were a F30parish council.

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.

Subject to subsections (3) and (7) below, any requirement imposed by any enactment that a local authority or parish meeting shall keep a document of any description shall be satisfied by their keeping a photographic copy of the document.

Subject to subsection (7) below, any requirement imposed by any enactment that a document of any description in the custody or under the control of a local authority or parish meeting shall be made available for inspection shall be satisfied by their making available for inspection a photographic copy of the document.

Subsection (1) above shall not apply to any document deposited with a local authority under the M3Public Records Act 1958.

In legal proceedings a photographic copy of a document in the custody of a local authority or parish meeting, or of a document which has been destroyed while in the custody of a local authority or parish meeting, or of any part of any such document, shall, subject to subsection (6) below, be admissible in evidence to the like extent as the original.

A certificate purporting to be signed by the proper officer of the local authority, or the chairman of the parish meeting, concerned that a document is such a photographic copy as is mentioned in subsection (4) above, shall, subject to subsection (7) below, be evidence to that effect.

The court before which a photographic copy is tendered in evidence in pursuance of subsection (4) above may, if the original is in existence, require its production and thereupon that subsection shall not apply to the copy.

A photographic copy of a document in colour where the colours are relevant to the interpretation of the document shall not suffice for the purposes of this section unless it so distinguishes between the colours as to enable the document to be interpreted.

In this section “court” and “legal proceedings” have the same meanings as in the M4Civil Evidence Act 1968 F32and “local authority” includes a joint authority F33and a police authority established under F34section 3 of the Police Act 1996 . . . F35

Every local authority, every joint board and every joint committee of local authorities shall send the Secretary of State such reports and returns, and give him such information with respect to their functions, as he may require or as may be required by either House of Parliament.

In this section “local authority” includes a joint authority F38. . ..

Subject to subsection (3) below, any notice, order or other document required or authorised by any enactment or any instrument made under an enactment to be given to or served on a local authority or the chairman or an officer of a local authority shall be given or served by addressing it to the local authority and leaving it at, or sending it by post to, the principal office of the authority or any other office of the authority specified by them as one at which they will accept documents of the same description as that document.

Any notice, order or other document so required or authorised to be given to or served on a parish meeting, or the chairman of the parish meeting, shall be given or served by addressing it to the chairman of the parish meeting and by delivering it to him, or by leaving it at his last known address, or by sending it by post to him at that address.

The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court, but except as aforesaid the methods of giving or serving documents provided for by those provisions are in substitution for the methods provided for by any other enactment or any instrument made under an enactment so far as it relates to the giving or service of documents to or on a local authority, the chairman or an officer of a local authority or a parish meeting or the chairman of a parish meeting.

In this section “local authority” includes a joint authority F40and a police authority established under F41section 3 of the Police Act 1996 . . . F42.

In subsection (1) above “local authority” includes a joint authority F44and a police authority established under F45section 3 of the Police Act 1996 . . . F46.

This section shall apply to a public notice required to be given by the chairman of a parish meeting as it applies to public notices required to be given by a parish council.

Subject to subsection (8) below, subsections (2) to (5) below shall have effect in relation to any notice, order or other document required or authorised by or under any enactment to be given to or served on any person by or on behalf of a local authority or by an officer of a local authority.

Any such document may be given to or served on the person in question either by delivering it to him, or by leaving it at his proper address, or by sending it by post to him at that address.

If the person to be given or served with any document mentioned in subsection (1) above has specified an address within the United Kingdom other than his proper address within the meaning of subsection (4) above as the one at which he or someone on his behalf will accept documents of the same description as that document, that address shall also be treated for the purposes of this section and section 26 of the M6Interpretation Act 1889 as his proper address.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F47

If the name or address of any owner, lessee or occupier of land to or on whom any document mentioned in subsection (1) above is to be given or served cannot after reasonable inquiry be ascertained, the document may be given or served either by leaving it in the hands of a person who is or appears to be resident or employed on the land or by leaving it conspicuously affixed to some building or object on the land.

This section shall apply to a document required or authorised by or under any enactment to be given to or served on any person by or on behalf of the chairman of a parish meeting as it applies to a document so required or authorised to be given to or served on any person by or on behalf of a local authority.

The foregoing provisions of this section do not apply to a document which is to be given or served in any proceedings in court.

Except as aforesaid and subject to any provision of any enactment or instrument excluding the foregoing provisions of this section, the methods of giving or serving documents which are available under those provisions are in addition to the methods which are available under any other enactment or any instrument made under any enactment.

In this section “local authority” includes a joint authority F49and a police authority established under F50section 3 of the Police Act 1996 . . . F51.

Any notice, order or other document which a local authority are authorised or required by or under any enactment (including any enactment in this Act) to give, make or issue may be signed on behalf of the authority by the proper officer of the authority.

Any document purporting to bear the signature of the proper officer of the authority shall be deemed, until the contrary is proved, to have been duly given, made or issued by the authority of the local authority.

In this subsection the word “signature” includes a facsimile of a signature by whatever process reproduced.

Where any enactment or instrument made under an enactment makes, in relation to any document or class of documents, provision with respect to the matters dealt with by one of the two foregoing subsections, that subsection shall not apply in relation to that document or class of documents.

In this section “local authority” includes a joint authority F53and a police authority established under F54section 3 of the Police Act 1996 . . . F55.

The council of a district F56the council of a principal area in Wales and the council of a London borough may make byelaws for the good rule and government of the whole or any part of the district F57principal area or borough, as the case may be, and for the prevention and suppression of nuisances therein.

The confirming authority in relation to byelaws made under this section shall be the Secretary of State.

Byelaws shall not be made under this section for any purpose as respects any area if provision for that purpose as respects that area is made by, or is or may be made under, any other enactment.

Subject to subsection (2) below, the following provisions of this section shall apply to byelaws to be made by a local authority under this Act F58and to byelaws made by a local authority, F59or a metropolitan county passenger transport authority under any other enactment and conferring on the authority a power to make byelaws and for which specific provision is not otherwise made.

This section shall not apply to byelaws made . . . F60 by the Civil Aviation Authority under F61section 29 of the Civil Aviation Act 1982.

The byelaws shall be made under the common seal of the authority, or, in the case of byelaws made by a parish or community council not having a seal, under the hands and seals of two members of the council, and shall not have effect until they are confirmed by the confirming authority.

At least one month before application for confirmation of the byelaws is made, notice of the intention to apply for confirmation shall be given in one or more local newspapers circulating in the area to which the byelaws are to apply.

For at least one month before application for confirmation is made, a copy of the byelaws shall be deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment.

The authority by whom the byelaws are made shall, on application, furnish to any person a copy of the byelaws, or of any part thereof, on payment of such sum, not exceeding 10p for every hundred words contained in the copy, as the authority may determine.

The confirming authority may confirm, or refuse to confirm, any byelaw submitted under this section for confirmation, and may fix the date on which the byelaw is to come into operation and if no date is so fixed the byelaw shall come into operation at the expiration of one month from the date of its confirmation.

A copy of the byelaws, when confirmed, shall be printed and deposited at the offices of the authority by whom the byelaws are made, and shall at all reasonable hours be open to public inspection without payment, and a copy thereof shall, on application, be furnished to any person on payment of such sum, not exceeding 20p for every copy, as the authority may determine.

The proper officer of a district council F62or in Wales of a principal councilshall send a copy of every byelaw made by the council, and confirmed, to the proper officer of the council, whether separate or common, of every parish or community to which they apply or, in the case of a parish not having a council, to the chairman of the parish meeting, and the proper officer of the parish or community council or chairman of the parish meeting, as the case may be, shall cause a copy to be deposited with the public documents of the parish or community.

A copy so deposited shall at all reasonable hours be open to public inspection without payment.

The proper officer of a county council shall send a copy of every byelaw made by the council, and confirmed, to the council of every district in the county, and the proper officer of the council of a district shall send a copy of every byelaw made by the council, and confirmed, to the council of the county.

Subsection (10) above does not apply to a principal council in Wales.

In this section the expression “the confirming authority” means the authority or person, if any, specified in the enactment (including any enactment in this Act) under which the byelaws are made, or in any enactment incorporated therein or applied thereby, as the authority or person by whom the byelaws are to be confirmed, or if no authority or person is so specified means the Secretary of State.

Regulations may not be made under subsection (1) unless a draft of the instrument containing the regulations has been laid before, and approved by a resolution of, each House of Parliament.

Such an authority may make a byelaw under this section to revoke a byelaw made by the authority.

The power under subsection (2) may be exercised only where the authority has no other power to revoke the byelaw.

The Secretary of State may, in relation to England, by order revoke any byelaw which appears to him to have become spent, obsolete or unnecessary.

The Welsh Ministers may, in relation to Wales, by order revoke any byelaw which appears to them to have become spent, obsolete or unnecessary.

A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Secretary of State unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, each House of Parliament.

Otherwise, a statutory instrument containing an order made by the Secretary of State under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

A statutory instrument containing an order under this section which amends or repeals any provision of an Act may not be made by the Welsh Ministers unless a draft of the instrument containing the order has been laid before, and approved by a resolution of, the National Assembly for Wales.

Otherwise, a statutory instrument containing an order made by the Welsh Ministers under this section shall be subject to annulment in pursuance of a resolution of the National Assembly for Wales.

The Secretary of State may, in relation to England, by regulations prescribe classes of byelaws to which this section applies.

A fixed penalty notice under this section is payable to the authority whose officer gave the notice.

A notice under this section must give such particulars of the circumstances alleged to constitute the offence as are necessary for giving reasonable information about the offence.

Without prejudice to payment by any other method, payment of the fixed penalty may be made by pre-paying and posting a letter containing the amount of the penalty (in cash or otherwise) to the person mentioned in subsection (7)(c) at the address so mentioned.

Where a letter is sent in accordance with subsection (8) payment is to be regarded as having been made at the time at which that letter would be delivered in the ordinary course of post.

The form of a notice under this section may be specified in regulations under subsection (1).

Regulations under subsection (1) may prescribe conditions to be satisfied by a person before a parish council may authorise him in writing for the purpose of giving notices under this section.

An authority may specify different amounts in relation to different byelaws.

The Secretary of State may by regulations make provision in connection with the powers under subsections (1)(a) and (2).

The Secretary of State may by order substitute a different amount for the amount for the time being specified in subsection (1)(b).

If an authorised officer proposes to give a person a notice under section 237A, the officer may require the person to give him his name and address.

A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

In this section, “authorised officer” has the same meaning as in section 237A.

“Fixed penalty receipts” means amounts paid to an authority in pursuance of notices under section 237A.

The authority shall have regard to the desirability of using its fixed penalty receipts for the purpose of combating any relevant nuisance.

A “relevant nuisance” is a nuisance in the authority's area for the prevention of which any byelaw to which section 237A applies was made.

Otherwise, a statutory instrument containing regulations under section 237A or 237B, or an order under section 237B, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Subject to the provisions of this Act, where a local authority, other than a parish or community council, are satisfied that it is expedient to promote, or any local authority are satisfied that it is expedient to oppose, any local or personal Bill in Parliament, the local authority may, but only in accordance with the procedure hereinafter provided by this section, promote or oppose the Bill accordingly, and may defray the expenses incurred in relation thereto.

For the purposes of subsection (2) above the requisite notice is thirty clear days’ notice in the case of promotion of a Bill and ten clear days’ notice in the case of opposition to a Bill.

The power conferred on a local authority by subsection (1) above shall be in substitution for any power conferred on that authority by a local Act.

The powers conferred on a local authority by sub-section (1) above shall also be exercisable by a joint authority, F73. . ..

No payment shall be made by a F74an authority to a member of the authority for acting as counsel or agent in promoting or opposing a Bill under this section.

The reasonable costs incurred by a local authority in promoting or opposing a provisional order, and of the preliminary inquiry, or in supporting or opposing a Bill to confirm a provisional order, as sanctioned by the Secretary of State, shall be deemed to be expenses properly incurred by the local authority interested or affected by the order and shall be paid accordingly, and a local authority may borrow for the purpose of defraying any such costs.

Any order mentioned in subsection (1) or (3) above may repeal, revoke, modify or amend any Act confirming a provisional order or any order which has been subject to parliamentary procedure.

At any time before submitting any order mentioned in subsection (1) or (3) above to Parliament, the Secretary of State may revoke the order, either wholly or in part.

The making of any order mentioned in subsection (1) or (3) above shall be prima facie evidence that all the requirements of this section and any other enactment with respect to the steps to be taken before the making of the order have been complied with.

Subsections (3) to (6) above shall be included among the enactments which may be adapted or modified by an Order in Council under section 8(3) of the M8Statutory Orders (Special Procedure) Act 1945.

Where the day or the last day on which anything is required or permitted to be done by or by virtue of any provision to which this subsection applies is a Sunday, day of the Christmas break, of the Easter break or of a bank holiday break or a day appointed for public thanksgiving or mourning, the requirement or permission shall be deemed to relate to the first day thereafter which is not one of the days specified above.

Subsection (1) above applies to any provision of this Act or of an instrument under this Act, except a provision in Part IX or X or a provision of rules under F75. . . paragraph 18 or 34 of Schedule 12 to this Act F76and applies also to sections F77. . ., 31 and 32 of the Local Government Act 1985.

F78Where under subsection (4) below the day of a poll consequent on a parish or community meeting is postponed, the day to which it is postponed shall be treated for the purposes of this Act as the day F79. . . of the poll, F79. . ..

In computing any period of time for the purpose of any rules mentioned in subsection (2) above or for the purposes of F80. . . 89(1) above any day specified in subsection (1) above shall be disregarded, but where between the giving of a notice F81. . . of the poll and the completion of the poll a day is declared to be a bank holiday or day of public thanksgiving or mourning, the foregoing provision, so far as it relates to any such rules, shall not operate to invalidate any act which would have been valid apart from that provision.

Subsection (4) above, so far as it relates to any such rules shall have effect subject to the provisions of those rules.

The Secretary of State shall, as regards every local authority, exercise any power conferred on the Treasury by any local or private Act passed before 4th August 1906 with respect to dealings with property, loans and matters connected therewith and all such enactments, and all enactments referring to the power so conferred, shall be construed accordingly.

If any question arises whether subsection (1) above applies to any power conferred by, or referred to in, any enactment, the decision of the Treasury shall be final.