http://www.legislation.gov.uk/id/ukpga/1982/30/schedule/4

http://www.legislation.gov.uk/ukpga/1982/30/schedule/4/paragraph/1/2003-09-01

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

2003-09-01

Local Government (Miscellaneous Provisions) Act 1982

Sch. 4

para. 1(2)(j)

Charities Act 2006

Sch. 8

para. 66

s. 79(2)

SCHEDULES

C1SCHEDULE 4 Street Trading

Annotations:

Modifications etc. (not altering text)

Sch. 4: functions of local authority not to be the responsiblity of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1

Sch. 4 applied (with modifications) (21.12.2000) by City of Newcastle uponTyne Act 2000 (c. viii), ss. 3, 4

Interpretation

1

In this Schedule—

“consent street” means a street in which street trading is prohibited without the consent of the district council;
“licence street” means a street in which street trading is prohibited without a licence granted by the district council;
“principal terms”, in relation to a street trading licence, has the meaning assigned to it by paragraph 4(3) below;
“prohibited street” means a street in which street trading is prohibited;
“street” includes—
1. a
  any road, footway, beach or other area to which the public have access without payment; and
2. b
  a service area as defined in section 329 of the M1Highways Act 1980,

and also includes any part of a street;

“street trading” means, subject to sub-paragraph (2) below, the selling or exposing or offering for sale of any article (including a living thing) in a street; and
“subsidiary terms”, in relation to a street trading licence, has the meaning assigned to it by paragraph 4(4) below.

2

The following are not street trading for the purposes of this Schedule—

a

trading by a person acting as a pedlar under the authority of a pedlar’s certificate granted under the M2Pedlars Act 1871;

b

anything done in a market or fair the right to hold which was acquired by virtue of a grant (including a presumed grant) or acquired or established by virtue of an enactment or order.

c

trading in a trunk road picnic area provided by the Secretary of State under section 112 of the M3Highways Act 1980;

d

trading as a news vendor;

e

trading which—

i

is carried on at premises used as a petrol filling station; or

ii

is carried on at premises used as a shop or in a street adjoining premises so used and as part of the business of the shop;

f

selling things, or offering or exposing them for sale, as a roundsman;

g

the use for trading under Part VIIA of the Highways Act 1980 of an object or structure placed on, in or over a highway;

h

the operation of facilities for recreation or refreshment under Part VIIA of the Highways Act 1980;

j

the doing of anything authorised by regulations made under section 5 of the M4Police, Factories, etc. (Miscellaneous Provisions) Act 1916.

3

The reference to trading as a news vendor in sub-paragraph (2)(d) above is a reference to trading where—

a

the only articles sold or exposed or offered for sale are newspapers or periodicals; and

b

they are sold or exposed or offered for sale without a stall or receptacle for them or with a stall or receptacle for them which does not—

i

exceed one metre in length or width or two metres in height;

ii

occupy a ground area exceeding 0·25 square metres; or

iii

stand on the carriageway of a street.