Local Government (Miscellaneous Provisions) Act 1976

44 Interpretation etc. of Part I. E+W

(1) In this Part of this Act, except where the contrary intention appears—

• “apparatus” includes any structure constructed in order that apparatus may be lodged in it;

• “the Common Council” means the Common Council of the City of London;

• “functions” includes powers and duties;

• “highway” has the same meaning as in [F1 the M1 Highways Act 1980];

• “local Act” includes a provisional order confirmed by an Act;

• [F2 “local authority” means a county council, . . . F3 a district council, a London borough council, the Common Council, the Council of the Isles of Scilly and-

(a) in sections 13 to 16, 29, 30, 38, 39 and 41 of this Act, [F4 a police authority established under [F5 section 3 of the Police Act 1996][F6 the Metropolitan Police Authority,][F7 , the Service Authority for the National Crime Squad] [F8 and]] . . . F9 a joint authority established by Part IV of the Local Government Act 1985 [F10 and the London Fire and Emergency Planning Authority];

(b) in sections 1, 16, 19, 30, 36, 39 and 41 of this Act, a parish council and a community council.

[F11 (c) in section 40 of this Act, a joint authority established by Part IV of the Local Government Act 1985, an authority established under section 10 of that Act (waste regulation and disposal authorities), [F10 the London Fire and Emergency Planning Authority]and the South Yorkshire Pensions Authority.]]

• “notice” means notice in writing;

• “owner”, in relation to any land, place or premises, means a person who, either on his own account or as agent or trustee for another person, is receiving the rackrent of the land, place or premises or would be entitled to receive it if the land, place or premises were let at a rackrent, and “owned” shall be construed accordingly;

• “statutory undertakers” means any of the following bodies, namely, any statutory undertakers within the meaning of [F12 the Highways Act 1980,][F13 . . . F14 , . . . F15 and, . . . F15 the Post Office] . . . F16 ; and

• “traffic sign” has the same meaning as in the M2 Road Traffic Regulation Act [F17 1984].

[F18 (1A) Sections 13, 15, 16, 29, 30, 32, 38, 39 and 41 of this Act shall have effect as if the Broads Authority were a local authority and the Broads (as defined in the Norfolk and Suffolk Broads Act 1988) were its local government area.]

[F19 (1B) Section 16 of this Act shall have effect as if the Environment Agency were a local authority.]

(2) [F20 Section 322 of the M3 Highways Act 1980](which relates to the service of documents) shall apply to the service of any document by or on the Secretary of State in pursuance of [F20 section 7 of this Act as if that section were a provision of that Act].

(3) When an offence under this Part of this Act (including an offence under byelaws made by virtue of section 12 of this Act) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and be liable to be proceeded against and punished accordingly.

Where the affairs of a body corporate are managed by its members the preceding provisions of this subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

(4) Except so far as this Part of this Act expressly provides otherwise and subject to the provisions of section 33 of the M4 Interpretation Act 1889 (which relates to offences under two or more laws), nothing in this Part of this Act—

(a) confers a right of action in any civil proceedings (other than proceedings for the recovery of a fine) in respect of any contravention of this Part of this Act or an instrument made in pursuance of this Part of this Act;

(b) affects any restriction imposed by or under any other enactment, whether public, local or private; or

(c) derogates from any right of action or other remedy (whether civil or criminal) in proceedings instituted otherwise than under this Part of this Act.

(5) Nothing in paragraph (a) of the preceding subsection applies to the failure of a person to perform a duty imposed on him by section 1(4), 2(5), 25(6) or 7(b) [F21 of this Act or section 61(2)(c) of the Road Traffic Regulation Act 1984].

(6) References in this Part of this Act to any enactment are references to it as amended by or under any other enactment.

Textual Amendments

F1 Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 27(c)

F2 Definition of “local authority” substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 53(b)

F3 Words repealed by virtue of Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F4 S. 44(1): words in para. (a) of definition of “local authority” inserted (1.10.1994 for specified purposes, otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 para. 18; S.I. 1994/2025, art. 6(2)(g)(subject to art. 6(3)-(6)); S.I. 1994/3262, art. 4, Sch.

F5 S. 44(1): words in para. (a) of definition of “local authority” substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. I para. 1(2)(k)

F6 Words in para. (a) in definition in s. 44(1) inserted (3.7.2000) by 1999 c. 29, s. 325, Sch. 27 para. 41 (with Sch. 12 para. 9(1)); S.I. 2000/1648, art. 2, Sch.

F7 S. 44(1): words in para. (a) of definition of “local authority” inserted (1.4.1998) by 1997 c. 50, s. 88, Sch. 6 para. 13; S.I. 1998/354, art. 2(2)(au)

F8 Word in para. (a) in definition in s. 44(1) repealed (3.7.2000) by 1999 c. 29, ss. 323, Sch. 34 Pt. VIII; S.I. 2000/1094, art. 4(i)

F9 Words repealed by Education Reform Act 1988 (c. 40, SIF 41:1), ss. 231(7), 235(6), 237(2), Sch. 13 Pt. I

F10 Words in paras. (a) and (c) in definition in s. 44(1) inserted (3.7.2000) by 1999 c. 29, s. 328(8), Sch. 29 Pt. I para. 24 (with Sch. 12 para. 9(1)); S.I. 2000/1094, art. 4(a)(h)

F11 Para. (c) inserted by S.I. 1990/1765, art. 4(5)

F12 Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 27(c)

F13 Words substituted by virtue of British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 3 para. 10(4)

F14 Words repealed by Water Act 1989 (c. 15, SIF 130), ss. 58(7), 101(1), 141(6), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 41(1), 57(6), 58, Sch. 27 Pt. I

F15 Words repealed by Telecommunications Act 1984 (c. 12, SIF 96), s. 109, Sch. 4 para. 3(1)(d), Sch. 5 para. 45, Sch. 7 Pt. I

F16 Words repealed by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 27(c), Sch. 25

F17 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 35(a)

F18 S. 44(1A) inserted by Norfolk and Suffolk Broads Act 1988 (c. 4, SIF 81:1), ss. 21, 23(2), 27(2), Sch. 6 para. 15

F19 S. 44(1B) inserted (1.4.1996) by 1995 c. 25, s. 120(1), Sch. 22 para. 33 (with ss. 7(6), 115, 117); S.I. 1996/186, art. 3

F20 Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 27

F21 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 35(b)

Modifications etc. (not altering text)

C1 S. 44(1) amended by S.I. 1985/1884, art. 10, Sch. 3 para. 4(m)

C2 S. 44(1) extended by S.I. 1987/2110, art. 2(2), Sch. 1 para. 8(j)

C3 S. 44(3)–(5) extended by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 61(7)

Marginal Citations

M1 1980 c. 66.

M2 1984 c. 27.

M3 1980 c. 66.

M4 1889 c. 63.