Local Government, Planning and Land Act 1980

Abolition of certain procedures for settlement of disputes by Minister E+W+S

6 (1) This paragraph shall have effect for the purpose of abolishing certain powers of the Seecretary of State or the Minister of Transport to determine disputes. E+W+S

(2) The following subsection shall be substituted for section 5(3) of the M1 Local Government (Miscellaneous Provisions) Act 1953 (provision of omnibus shelters etc. by local authorities) :—

“(3) Where the consent of the Secretary of State or the Minister of Transport is required under this section, disputes between the Minister whose consent is required and the local authority as to whether the consent of that Minister is unreasonably withheld or is given subject to reasonable conditions, or whether the removal of any shelter or other accommodation in accordance with any condition of the consent is reasonable required shall be referred to and determined by an arbitrator to be appointed in default of agreement by the President of the Institution of Civil Engineers.”.

(3) In section 108(10) of the M2 Highways Act 1959 (which provides that any consent of an authority which is required for the diversion of a highway shall not be unreasonably withheld) the words “and any question arising under this subsection whether the eithholding of a consent is unreasonable shall be determined by the Minister" shall cease to have effect.

(4) Section 246(2) of that Act (disputes as to nature of sums paid or recovered under Act) shall cease to have effect.

(5)

F1 (6) Section 29(3) of the M3 Local Government Act 1966 (which gives a lighting authority a right to appeal in case of dispute as to the exercise of their powers for purposes of the lighting of a highway for which they are not the highway authority) shall cease to have effect.

Textual Amendments

F1 Sch. 7 Pt. I para. 6(5) repealed by Litter Act 1983 (c. 35, SIF 100:3), s. 12(3), Sch. 2

Modifications etc. (not altering text)

C1 The text of Schs. 2, 3, Sch. 4 paras. 1(1)(2)–(4), 10, Sch. 5, Sch. 6 paras. 1, 4–6, 10–16, 21, Sch. 7 Pt. I paras. 2(2)(5)(6), 3(2)(4), 6, 7, 8, Sch. 7 Pt. II paras. 14(1), 15, Sch. 23 Pt. II para. 2, Pt. III paras. 3–7, Pt. V paras. 12–20, Pt. VI para. 21, Sch. 25 Pt. II para. 7, Pt. III para. 8, Pt. IV para. 9, Sch. 26 para. 18, Sch. 33 paras. 1–5, 7, 13, 14 Sch. 34, Sch. 32 Pt. III para. 19 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Marginal Citations

M1 1953 c. 26.

M2 1959 c. 25.

M3 1966 c. 42.