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

http://www.legislation.gov.uk/ukpga/1982/30/schedule/4/paragraph/2/2008-12-01

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

2024-09-19

Expert Participation

2008-12-01

SCHEDULES

C1 C2 C3SCHEDULE 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

Sch. 4 applied (with modifications) (28.10.2004) by Medway Council Act 2004 (c. v), s. 4

Sch. 4 applied (with modifications) (11.7.2006) by Leicester City Council Act 2006 (c. ii), ss. 3, 4

Sch. 4 applied (with modifications) (11.7.2006) by Liverpool City Council Act 2006 (c. iii), ss. 3, 4

Sch. 4 applied (with modifications) (11.7.2006) by Maidstone Borough Council Act 2006 (c. iv), ss. 3, 4

Designation of streets

2

1

A district council may by resolution designate any street in their district as—

a

a prohibited street;

b

a licence street; or

c

a consent street.

2

If a district council pass such a resolution as is mentioned in sub-paragraph (1) above, the designation of the street shall take effect on the day specified in that behalf in the resolution (which must not be before the expiration of the period of one month beginning with the day on which the resolution is passed).

3

A council shall not pass such a resolution unless—

a

they have published notice of their intention to pass such a resolution in a local newspaper circulating in their area;

b

they have served a copy of the notice—

i

on the chief officer of police for the area in which the street to be designated by the resolution is situated; and

ii

on any highway authority responsible for that street; and

c

where sub-paragraph (4) below applies, they have obtained the necessary consent.

4

This sub-paragraph applies—

a

where the resolution relates to a street which is owned or maintainable by a relevant corporation; and

b

where the resolution designates as a licence street any street maintained by a highway authority;

and in sub-paragraph (3) above “necessary consent” means—

i

in the case mentioned in paragraph (a) above, the consent of the relevant corporation; and

ii

in the case mentioned in paragraph (b) above, the consent of the highway authority.

5

The following are relevant corporations for the purposes of this paragraph—

a

the British Railways Board;

b

the F4new towns residuary body;

c

a development corporation for a new town; F1and

d

an urban development corporation established under the M1Local Government, Planning and Land Act 1980;. . .

F2e

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F35A

In sub-paragraph (5)(b) above “new towns residuary body” means—

a

in relation to England, the Homes and Communities Agency so far as exercising functions in relation to anything transferred (or to be transferred) to it as mentioned in section 52(1)(a) to (d) of the Housing and Regeneration Act 2008; and

b

in relation to Wales, the Welsh Ministers so far as exercising functions in relation to anything transferred (or to be transferred) to them as mentioned in section 36(1)(a)(i) to (iii) of the New Towns Act 1981.

6

The notice referred to in sub-paragraph (3) above—

a

shall contain a draft of the resolution; and

b

shall state that representations relating to it may be made in writing to the council within such period, not less than 28 days after publication of the notice, as may be specified in the notice.

7

As soon as practicable after the expiry of the period specified under sub-paragraph (6) above, the council shall consider any representations relating to the proposed resolution which they have received before the expiry of that period.

8

After the council have considered those representations, they may, if they think fit, pass such a resolution relating to the street as is mentioned in sub-paragraph (1) above.

9

The council shall publish notice that they have passed such a resolution in two consecutive weeks in a local newspaper circulating in their area.

10

The first publication shall not be later than 28 days before the day specified in the resolution for the coming into force of the designation.

11

Where a street is designated as a licence street, the council may resolve—

a

in the resolution which so designates the street; or

b

subject to sub-paragraph (12) below, by a separate resolution at any time,

that a street trading licence is not to be granted to any person who proposes to trade in the street for a number of days in every week less than a number specified in the resolution.

12

Sub-paragraphs (3)(a) and (6) to (10) above shall apply in relation to a resolution under sub-paragraph (11)(b) above as they apply in relation to a resolution under sub-paragraph (1) above.

13

Any resolution passed under this paragraph may be varied or rescinded by a subsequent resolution so passed.

SCHEDULES

C1C2C3SCHEDULE 4 Street Trading

Designation of streets

2

1

a

b

c

2

3

a

b

i

ii

c

4

a

b

i

ii

5

a

b

c

d

F2e

F35A

a

b

6

a

b

7

8

9

10

11

a

b

12

13

C1 C2 C3SCHEDULE 4 Street Trading