Local Government and Housing Act 1989

Interpretation of Part IE+W+S

21 Interpretation of Part I.E+W+S

(1)Any reference in this Part to a local authority is, in relation to England and Wales, a reference to a body of one of the following descriptions—

(a)a county council;

(b)a district council;

(c)a London borough council;

(d)the Common Council of the City of London in its capacity as a local authority, police authority or port health authority;

(e)the Council of the Isles of Scilly;

(f)a fire authority constituted by a combination scheme under the M1Fire Services Act 1947;

[F1(g)a police authority established under [F2section 3 of the Police Act 1996];]

(h)an authority established under section 10 of the M2Local Government Act 1985 (waste disposal authorities);

(i)a joint authority established by Part IV of that Act ([F3police,] fire services, civil defence and transport);

(j)any body established pursuant to an order under section 67 of that Act (successors to residuary bodies);

(k)the Broads Authority;

(l)any joint board the constituent members of which consist of any of the bodies specified above; [F4and]

(m)a joint or special planning board constituted for a National Park by an order under paragraph [F51 or 3A] of Schedule 17 to the M3Local Government Act 1972 [F6or under section 2(1B) of the Town and Country Planning Act 1990]. [F7and

(n)a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M4Town and Country Planning Act 1990.]

(2)Any reference in this Part to a local authority is, in relation to Scotland, a reference to a [F8council constituted under section 2 of the Local Government etc. (Scotland) Act 1994] or a joint board within the meaning of section 235(1) of the M5Local Government (Scotland) Act 1973.

(3)In this Part—

  • “contravention” includes a failure to comply;

  • “modifications” includes additions, alterations and omissions;

  • “proper officer”—

    (G)

    in relation to a local authority in England and Wales, has the same meaning as in the Local Government Act 1972; and

    (G)

    in relation to a local authority in Scotland, has the same meaning as in the Local Government (Scotland) Act 1973; and

  • “subordinate legislation” has the same meaning as in the M6Interpretation Act 1978.

(4)References in this Part to an officer of a local authority or to a paid office under a local authority do not include references to, or to the office of, the chairman or vice-chairman of the authority (whether referred to as such, as mayor, Lord Mayor, deputy mayor, as Lord Provost or otherwise).

Textual Amendments

F1S. 21(1)(g) substituted (1.10.1994 for specified purposes otherwise 1.4.1995) by 1994 c. 29, s. 43, Sch. 4 Pt. I para. 38; S.I. 1994/2025, art. 6; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)

F3Word in s. 21(1)(i) repealed (1.4.1995 (E.W.) otherwise (prosp.)) by 1994 c. 29, s. 93, Sch. 9 Pt. I; S.I. 1994/3262, art. 4, Sch. (subject to art. 5)

F4Word in s. 21(1)(l) omitted (E.W.) (23.11.1995) by virtue of 1995 c. 25, s. 78, Sch. 10 para. 31(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1) (and repealed (E.W.S.) (prosp.) by 1995 c. 25, ss. 120, 125(3), Sch. 24 (with ss. 7(6), 115, 117))

F5Words in s. 21(1)(m) substituted (3.4.1995) by 1994 c. 19, s. 20(4), Sch. 6 para. 23(1) (SS. 54(7), 55(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F6Words in s. 21(1)(m) added (3.4.1995) by 1994 c. 19, s. 20(4), Sch. 6 para. 23(1) (ss. 54(7), 55(7), Sch. 17 paras. 22(1), 23(2)); S.I. 1995/852, art. 4(1), Sch. 2

F7S. 21(1)(n) and the preceding “and" added (E.W.) (23.11.1995) by 1995 c. 25, s. 78, Sch. 10 para. 31(1) (with ss. 7(6), 115, 117, Sch. 8 para. 7); S.I. 1995/2950, art. 2(1)

Modifications etc. (not altering text)

C1S. 21 applied (S.) (temp. 6.4.1995 to 1.4.1996) by S.I. 1995/789, art. 2, Sch. entry 11

Marginal Citations

M11947c. 41.

M31972c.70.