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

http://www.legislation.gov.uk/ukpga/1982/30/schedule/3/paragraph/4/2009-12-17

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

2024-09-19

Expert Participation

2009-12-17

SCHEDULES

C1 C2 C3SCHEDULE 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))

Meaning of “sex shop” and “sex article”

4

1

In this Schedule “sex shop” means any premises, vehicle, vessel or stall used for a business which consists to a significant degree of selling, hiring, exchanging, lending, displaying or demonstrating—

a

sex articles; or

b

other things intended for use in connection with, or for the purpose of stimulating or encouraging—

i

sexual activity; or

ii

acts of force or restraint which are associated with sexual activity.

2

No premises shall be treated as a sex shop by reason only of their use for the exhibition of moving pictures by whatever means produced.

3

In this Schedule “sex article” means—

a

anything made for use in connection with, or for the purpose of stimulating or encouraging—

i

sexual activity; or

ii

acts of force or restraint which are associated with sexual activity; and

b

anything to which sub-paragraph (4) below applies.

4

This sub-paragraph applies—

a

to any article containing or embodying matter to be read or looked at or anything intended to be used, either alone or as one of a set, for the reproduction or manufacture of any such article; and

b

to any recording of vision or sound,

which—

i

is concerned primarily with the portrayal of, or primarily deals with or relates to, or is intended to stimulate or encourage, sexual activity or acts of force or restraint which are associated with sexual activity; or

ii

is concerned primarily with the portrayal of, or primarily deals with or relates to, genital organs, or urinary or excretory functions.

SCHEDULES

C1C2C3SCHEDULE 3 Control of Sex Establishments

Meaning of “sex shop” and “sex article”

4

1

a

b

i

ii

2

3

a

i

ii

b

4

a

b

i

ii

C1 C2 C3SCHEDULE 3 Control of Sex Establishments