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;

• [F1 “executive” and “executive arrangements” have the same meaning as in Part II of the Local Government Act 2000;]

• “functions” includes powers and duties;

• “highway” has the same meaning as in [F2 the M1 Highways Act 1980];

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

• [F3 “local authority” means a county council, F4 . . . 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, [F5 a police authority established under [F6 section 3 of the Police Act 1996][F7 the Metropolitan Police Authority,]. . . F8 . . . ]. . . a joint authority established by Part IV of the Local Government Act 1985 [F9 , an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste authorities)][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.

  (c)

  [F11 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), [F12 an authority established for an area in England by an order under section 207 of the Local Government and Public Involvement in Health Act 2007 (joint waste 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 [F13 the Highways Act 1980,][F14 F15 . . ., F16 . . . and, F16 . . . [F17 a universal service provider in connection with the provision of a universal postal service]]. . .; and

• “traffic sign” has the same meaning as in the M2 Road Traffic Regulation Act [F18 1984].

• [F19 “universal service provider” has the same meaning as in the Postal Services Act 2000; and references to the provision of a universal postal service shall be construed in accordance with that Act.]

[F20 (1ZA) The undertaking of a universal service provider so far as relating to the provision of a universal postal service shall be taken to be his statutory undertaking for the purposes of this Part; and references in this Part to his undertaking shall be construed accordingly.]

[F21 (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.]

[F22 (1B) Section 16 of this Act shall have effect as if the Environment Agency were a local authority.]

(2) [F23 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 [F23 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) [F24 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 in S. 44(1) inserted (E.W.) (11.7.2001 (E.), 1.4.2002 (W.)) by S.I. 2001/2237, arts. 2(c), 11(2); S.I. 2002/808, art. 11(2)

F2 Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 27(c)

F3 Definition of “local authority” substituted by Local Government Act 1985 (c.51, SIF 81:1), s. 84, Sch. 14 Pt. II para. 53(b)

F4 Words repealed by virtue of Local Government Act 1985 (c. 51, SIF 81:1), ss. 1, 102, Sch. 17

F5 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.

F6 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)

F7 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.

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 S. 44(1): words in para. (a) of definition inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 33(a); S.I. 2008/917, art. 2(1)(p)

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 S. 44(1): words in para. (c) of definition inserted (1.4.2008) by Local Government and Public Involvement in Health Act 2007 (c. 28), ss. 209, 245, Sch. 13 para. 33(b); S.I. 2008/917, art. 2(1)(p)

F13 Words substituted by Highways Act 1980 (c. 66, SIF 59), Sch. 24 para. 27(c)

F14 Words substituted by virtue of British Telecommunications Act 1981 (c. 38, SIF 96), Sch. 3 para. 10(4)

F15 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

F16 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

F17 S. 44(1): words in the definition of

“statutory undertakers”

substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 42(2)(a)

F18 Words substituted by Road Traffic Regulation Act 1984 (c. 27, SIF 107:1), s. 146, Sch. 13 para. 35(a)

F19 S. 44(1): definition of

“universal service provider”

inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 42(2)(b)

F20 S. 44(1ZA) inserted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 42(3)

F21 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

F22 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

F23 Words substituted by Highways Act 1980 (c. 66, SIF 59), s. 343(2), Sch. 24 para. 27

F24 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.