http://www.legislation.gov.uk/id/ukpga/1982/30/schedule/3

http://www.legislation.gov.uk/ukpga/1982/30/schedule/3/paragraph/2A/2017-01-31

Local Government (Miscellaneous Provisions) Act 1982

An Act to make amendments for England and Wales of provisions of that part of the law relating to local authorities or highways which is commonly amended by local Acts; to make provision for the control of sex establishments; to make further provision for the control of refreshment premises and for consultation between local authorities in England and Wales and fire authorities with regard to fire precautions for buildings and caravan sites; to repeal the Theatrical Employers Registration Acts 1925 and 1928; to make further provision as to the enforcement of section 8 of the Public Utilities Street Works Act 1950 and sections 171 and 174 of the Highways Act 1980; to make provision in connection with the computerisation of local land charges registers; to make further provision in connection with the acquisition of land and rights over land by boards constituted in pursuance of section 1 of the Town and Country Planning Act 1971 or reconstituted in pursuance of Schedule 17 to the Local Government Act 1972; to exclude from the definition of “construction or maintenance work” in section 20 of the Local Government, Planning and Land Act 1980 work undertaken by local authorities and development bodies pursuant to certain agreements with the Manpower Services Commission which specify the work to be undertaken and under which the Commission agrees to pay the whole or part of the cost of the work so specified; to define “year” for the purposes of Part III of the said Act of 1980; to amend section 140 of the Local Government Act 1972 and to provide for the insurance by local authorities of persons voluntarily assisting probation committees; to make provision for controlling nuisance and disturbance on educational premises; to amend section 137 of the Local Government Act 1972; to make further provision as to arrangements made by local authorities under the Employment and Training Act 1973; to extend the duration of certain powers to assist industry or employment conferred by local Acts; to make corrections and minor improvements in certain enactments relating to the local administration of health and planning functions; and for connected purposes.

1982-08-01

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Statute Law Database

2024-05-17

Expert Participation

2017-01-31

SCHEDULES

C1 C2 C3 C5 C4SCHEDULE 3 Control of Sex Establishments

Annotations:

Modifications etc. (not altering text)

Sch. 3 applied (24.7.1996) by City of Westminster Act 1996 (c. viii), s. 3(1)

Sch. 3: functions of local authority not to be the responsibility of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Sch. 3: power to apply with amendments (including the insertion of a new Sch. 3 para. 3A) conferred on a borough council (which has resolved, in accordance with s. 2 of this Act, that Sch. 3 shall apply to their area) by Greater London Council (General Powers) Act 1986 (c. iv), s. 12(1)(4) (coming into force in accordance with s. 12(2)(3)); and in Sch. 3 para. 3A, as applied by a participating council, proviso para. (ii) is repealed by London Local Authorities Act 1990 (c. vii), ss. 3, 5, 18, Sch. 1; and in Sch. 3 para. 3A, as applied otherwise, proviso paras. (i)(ii) are substituted (24.11.2005) by Licensing Act 2003 (c. 17), s. 201(2), Sch. 6 para. 85(3) (with ss. 2(3), 15(2), 195, Sch. 8 para. 32); S.I. 2005/3056, art. 2(2)

Sch. 3: power to apply with further amendments (including the insertion of a new Sch. 3 para. 3B) conferred on the City of Westminster and on any other borough council (which has resolved that Sch. 3 shall apply to their area with the amendments contained in 1986 c. iv, s. 12) by London Local Authorities Act 2007 (c. ii), s. 33(2)-(7) (coming into force in accordance with ss. 1(4), 3, 33(1)) (as modified (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 4(1)-(6) (with savings in arts. 4(7)-(9))

Sch. 3: power to apply with the amendments made by 2009 c. 26, s. 27 (which amendments would otherwise be excluded) conferred (6.4.2010 for E., 8.5.2010 for W.) on a local authority (where that authority has, before the coming into force of 2009 c. 26, s. 27, resolved under s. 2 of this Act that Sch. 3 is to apply to the area of the local authority) by Policing and Crime Act 2009 (c. 26), ss. 27, 116(4), Sch. 3 para. 2; S.I. 2010/722, art. 3(b) (with arts. 4-12); S.I. 2010/1375, art. 3(b)

Sch. 3, so far as its provisions have effect by virtue of 1986 c. iv, s. 12, is repealed (with savings) (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 2(1) (with arts. 2(2)-(6))

2AF1Meaning of “sexual entertainment venue”

1

In this Schedule “sexual entertainment venue” means any premises at which relevant entertainment is provided before a live audience for the financial gain of the organiser or the entertainer.

2

In this paragraph “relevant entertainment” means—

a

any live performance; or

b

any live display of nudity;

which is of such a nature that, ignoring financial gain, it must reasonably be assumed to be provided solely or principally for the purpose of sexually stimulating any member of the audience (whether by verbal or other means).

3

The following are not sexual entertainment venues for the purposes of this Schedule—

a

sex cinemas and sex shops;

b

premises at which the provision of relevant entertainment as mentioned in sub-paragraph (1) is such that, at the time in question and including any relevant entertainment which is being so provided at that time—

i

there have not been more than eleven occasions on which relevant entertainment has been so provided which fall (wholly or partly) within the period of 12 months ending with that time;

ii

no such occasion has lasted for more than 24 hours; and

iii

no such occasion has begun within the period of one month beginning with the end of any previous occasion on which relevant entertainment has been so provided (whether or not that previous occasion falls within the 12 month period mentioned in sub-paragraph (i));

c

premises specified or described in an order made by the relevant national authority.

4

The relevant national authority may by order amend or repeal sub-paragraph (3)(b).

5

But no order under sub-paragraph (4) may—

a

increase the number or length of occasions in any period on which sub-paragraph (3)(b) as originally enacted would permit relevant entertainment to be provided; or

b

provide for shorter intervals between such occasions.

6

The relevant national authority may by order provide for descriptions of performances, or of displays of nudity, which are not to be treated as relevant entertainment for the purposes of this Schedule.

7

Any power of the relevant national authority to make an order under this paragraph—

a

is exercisable by statutory instrument;

b

may be exercised so as to make different provision for different cases or descriptions of case or for different purposes; and

c

includes power to make supplementary, incidental, consequential, transitional, transitory or saving provision.

8

A statutory instrument containing an order under sub-paragraph (4) may not be made by the Secretary of State unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

9

A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Secretary of State is subject to annulment in pursuance of a resolution of either House of Parliament.

10

A statutory instrument containing an order under sub-paragraph (4) may not be made by the Welsh Ministers unless a draft of the instrument has been laid before, and approved by a resolution of, the National Assembly for Wales.

11

A statutory instrument containing an order made under sub-paragraph (3)(c) or (6) by the Welsh Ministers is subject to annulment in pursuance of a resolution of the National Assembly for Wales.

12

For the purposes of this paragraph relevant entertainment is provided if, and only if, it is provided, or permitted to be provided, by or on behalf of the organiser.

13

For the purposes of this Schedule references to the use of any premises as a sexual entertainment venue are to be read as references to their use by the organiser.

14

In this paragraph—

“audience” includes an audience of one;
“display of nudity” means—
1. a
  in the case of a woman, exposure of her nipples, pubic area, genitals or anus; and
2. b
  in the case of a man, exposure of his pubic area, genitals or anus;
“the organiser”, in relation to the provision of relevant entertainment at premises, means any person who is responsible for the organisation or management of—
1. a
  the relevant entertainment; or
2. b
  the premises;
“premises” includes any vessel, vehicle or stall but does not include any private dwelling to which the public is not admitted;
“relevant national authority” means—
1. a
  in relation to England, the Secretary of State; and
2. b
  in relation to Wales, the Welsh Ministers;

and for the purposes of sub-paragraphs (1) and (2) it does not matter whether the financial gain arises directly or indirectly from the performance or display of nudity.

SCHEDULES

C1C2C3C5C4SCHEDULE 3 Control of Sex Establishments

2AF1Meaning of “sexual entertainment venue”

1

2

a

b

3

a

b

i

ii

iii

c

4

5

a

b

6

7

a

b

c

8

9

10

11

12

13

14

C1 C2 C3 C5 C4SCHEDULE 3 Control of Sex Establishments