- Latest available (Revised)
- Point in Time (01/10/1998)
- Original (As enacted)
Version Superseded: 01/10/2002
Point in time view as at 01/10/1998. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
There are currently no known outstanding effects for the Local Government (Miscellaneous Provisions) Act 1982, Section 40.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Any person who without lawful authority is present on premises to which this section applies and causes or permits nuisance or disturbance to the annoyance of persons who lawfully use those premises (whether or not any such persons are present at the time) shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding [F1level 2 on the standard scale].
[F2(2)This section applies to premises, including playing fields and other premises for outdoor recreation, of an institution (other than a school) which—
(a)is maintained by a local education authority; and
(b)provides further education or higher education (or both).
(3)If—
(a)a police constable; or
(b)a person whom a local education authority have authorised to exercise the power conferred by this subsection,
has reasonable cause to suspect that any person is committing or has committed an offence under this section, he may remove him from the premises in question.
(4)No proceedings under this section shall be brought by any person other than—
(a)a police constable; or
(b)a local education authority.
(5)Expressions used in this section and in the Education Act 1996 have the same meaning as in that Act.]
Textual Amendments
F1Words substituted by virtue of Criminal Justice Act 1982 (c. 48, SIF 39:1), s. 46
F2S. 40(2)-(5) substituted for s. 40(2)-(10) (1.11.1996) by 1996 c. 56, ss. 582(1), 583(2), Sch. 37 Pt. I para. 55 (with ss. 1(4), 561, 562, Sch. 39)
Modifications etc. (not altering text)
C1S. 40 applied (1.4.1994) by S.I. 1994/653, reg. 42(1), Sch. Pt. I
S. 40 applied (9.5.1994) by S.I. 1994/1084, reg. 8(1), Sch. 2 Pt. I
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: