Part IX Miscellaneous and General

Charges by certain authorities

152 Interpretation, consultation and commencement of ss. 150 and 151.

1

For the purposes of sections 150 and 151 above the following are excepted functions—

a

functions relating to education in schools;

b

functions relating to the provision of a public library service;

c

functions relating to fire fighting, that is to say, the extinction of fire and the protection of life and property in case of fire;

d

functions relating to the registration of electors;

e

functions relating to the conduct of elections;

F1f

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

2

For the purposes of those sections in their application to England and Wales, each of the following is a relevant authority—

a

a county council;

F2aa

a county borough council;

b

a district council;

c

a London borough council;

d

the Common Council of the City of London;

e

the Council of the Isles of Scilly;

F14f

a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;

F15fa

a fire and rescue authority created by an order under section 4A of that Act;

F3g

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

h

an authority established under section 10 of the M1Local Government Act 1985 (waste disposal authorities);

i

a joint authority established by Part IV of that Act F16(fire and rescue services and transport);

F12iza

an economic prosperity board established under section 88 of the Local Democracy, Economic Development and Construction Act 2009;

izb

a combined authority established under section 103 of that Act;

F10izc

a combined county authority established under section 9(1) of the Levelling-up and Regeneration Act 2023;

F11ia

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

j

an authority or board constituted a port health authority at any time by an order under section 2 of the M2Public Health (Control of Disease) Act 1984;

F4ja

a National Park authority;

F5jb

a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;

k

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

l

the Broads Authority; F6...

F7m

a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M3Town and Country Planning Act 1990;

F13n

the London Fire Commissioner.

3

For the purposes of those sections in their application to Scotland, each of the following is a relevant authority—

F8a

a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994,

F17d

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

F9e

a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.

4

The Secretary of State may by order made by statutory instrument provide for any other body to be, or for a body to cease to be, a relevant authority for the purposes of those sections; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

5

In those sections “prescribed” means prescribed by the regulations concerned.

6

Before exercising any power to make regulations under section 150 or section 151 above, the Secretary of State shall consult—

a

as respects England and Wales, such representatives of local government, and

b

as respects Scotland, such associations of local authorities,

as appear to him to be appropriate.

7

This section and sections 150 and 151 above shall come into force at the expiry of the period of two months beginning on the day this Act is passed.