Local Government (Miscellaneous Provisions) Act 1953

Miscellaneous powers and provisions

8 Dustbins

(1) Subsection (3) of section seventy-five of the Public Health Act, 1936 (which enables local authorities to provide and maintain dustbins for the reception of house refuse, and to make annual charges not exceeding two shillings and sixpence in respect of each dustbin so provided) shall have effect .as if for the words " two shillings and sixpence " there were substituted the words " five shillings ".

(2) Where a local authority are authorised under any enactment other than the said section seventy-five to make, in connection with the carrying out by them of an undertaking as to the collection and disposal of refuse, an annual charge in respect of the provision, maintenance, repair or renewal of dustbins, and the amount of that charge is limited by or by virtue of any Act or other instrument determining the functions of that authority to an amount less than five shillings in respect of each dustbin, that authority may, notwithstanding that limitation, increase that charge to such amount, not exceeding five shillings, as they think fit; and any charge which is increased in pursuance of this subsection shall be subject to the like incidents in all respects as the original charge.

(3) The Minister may by order (to be made by statutory instrument) direct that the foregoing provisions of this section shall have effect as if for references to five shillings there were substituted references to such greater sum as may be specified in the order, and may in like manner vary or revoke any such order; and any statutory instrument made under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) Where an appeal is brought under subsection (1) of the said section seventy-five in respect of a notice requiring one of two persons who are respectively the owner and the occupier of a building to provide a dustbin, and the grounds upon which the appeal is brought include the ground that it was not equitable that the notice should have been served on the appellant—

(a) the appellant shall serve a copy of his notice of appeal on the other of the two said persons; and

(b) on the hearing of the appeal the court may make such order as it thinks fit with respect to compliance with the first-mentioned notice either by the appellant or by the said other person;

and in exercising its powers under this subsection the court shall have regard, as between an owner and an occupier, to the terms and conditions, whether contractual or statutory, of the tenancy of the premises concerned.

9 Calculation of contributions under New Streets Act, 1951

Where, under any local enactment, the erection of buildings on land having a frontage on a new street is prohibited until works for the construction or sewering of the street have been carried out in accordance with byelaws, the amount of the sum required to be paid or secured by any person under the New Streets Act, 1951, shall be calculated as if those works had been carried out.

10 Closing orders in respect of certain buildings

(1) In any case where a local authority would be required, apart from this section, to make a demolition order under section eleven of the Housing Act, 1936, in respect of a house, the authority may, if they consider it inexpedient to make such an order having regard to the effect of the demolition of that house upon any other house or building, in lieu of making such an order make a closing order prohibiting the use of the house for any purpose other than a purpose approved by the local authority.

(2) A local authority by whom a closing order is made under this section shall serve a copy of the order upon every person upon whom they would be required to serve it if it were a demolition order made under the said section eleven.

(3) Where a closing order has been made by a local authority under this section in respect of a house, the authority may at any time revoke that order and make a demolition order under the said section eleven without further compliance with the provisions of subsections (1) to (3) of that section.

(4) The following provisions of the said Act, that is to say—

(a) so much of subsection (1) of section twelve as directs that the approval of the local authority shall not be unreasonably withheld and provides for the determination of a closing order ;

(b) section fourteen (which imposes a penalty for using premises in contravention of a closing order);

(c) section fifteen (which relates to appeals to the county court against notices, demands and orders);

(d) section eighteen (which enables local authorities to pay allowances to persons displaced from premises to which closing orders apply);

(e) section nineteen (which contains provisions for the protection of owners of houses); and

(f) section one hundred and fifty-six (which provides for the recovery of possession of premises subject to closing orders),

shall have effect in relation to a closing order made under this , section and to a house to which such an order applies as they have effect in relation to a closing order under the said section twelve and to a part of a building to which such an order applies, and as if references to Part II of that Act included references to this section.

(5) Section one hundred and sixty of the said Act (which empowers the county court to determine or .vary a lease of premises in respect of which a demolition order has become operative) shall have effect in relation to a closing order under this section which has become operative and to a house to which such an order applies as it has effect in relation to a demolition order which has become operative and to a house to which such an order applies.

11 Provisions relating to certain outstanding demolition orders

(1) Section two of the Housing Act, 1949 (which provides for the quashing of certain outstanding demolition orders on request in that behalf made within twelve months from the commencement of that Act), shall have effect and shall be deemed always to have had effect, as though for the words " within the period of twelve months from the commencement of this Act" there were substituted the words " not later than twelve months after the passing of the Local Government (Miscellaneous Provisions) Act, 1953 ".

(2) Where a demolition order has been made in respect of a house under Part II of the Housing Act, 1936, at any time before the commencement of this Act, and it appears to the local authority by whom that order was made that compliance therewith is inexpedient having regard to the effect of the demolition of that house upon any other house or building, they may, whether or not that order has become operative and whether or not the period within which the house is thereby required to be demolished has expired, revoke the demolition order and make in respect of the house such a closing order as is authorised by subsection (1) of section ten of this Act.

(3) Subsections (2) to (5) of the said section ten shall apply to a closing order made under the last foregoing subsection as if it were made under the said section ten, and as if the reference in subsection (2) of that section to a copy of the closing order included a reference to a notice of the revocation of the demolition order.

12 Water undertakings of local authorities

(1) Subject to the provisions of this section, Part XIII of the Third Schedule to the Water Act, 1945 (which contains provisions for preventing waste of water) with the exception of section sixty-one (which empowers the undertakers to test water fittings) is hereby incorporated with every local enactment authorising a local authority to supply water, and shall apply to every water undertaking carried on by a local authority under any such enactment accordingly; and so much of any such enactment as contains provisions corresponding with the provisions applied by this subsection shall cease to have effect.

(2) The foregoing subsection shall not apply to any local enactment which contains provisions corresponding with any of the provisions of the said Part XIII otherwise than by virtue of the incorporation of that Part or of the relevant provisions of that Part, or of any corresponding enactment repealed by the Water Act, 1945, or to any local enactment authorising a local authority to supply water in bulk only.

(3) Section sixty-four of the said Third Schedule (which relates to waste of water by non-repair of water fittings) shall have effect, so far as applied by this section or by section one hundred and twenty of the Public Health Act, 1936, to the undertaking of a local authority, as set out with modifications in the Schedule to this Act.

(4) Notwithstanding anything in subsection (3) of section forty-one of the Third Schedule to the Water Act, 1945 (which provides for the recovery from owners or occupiers of expenses incurred by the undertakers in laying communication pipes) as applied in relation to the water undertaking of any local authority, or in any corresponding provision of any local enactment authorising a local authority to supply water, any such local authority may, if they think fit, themselves bear the whole or any part of any expenses recoverable by the authority thereunder.

(5) In this section "local enactment" has the meaning assigned to it by the Water Act, 1945, and " local authority " includes a joint water board within the meaning of that Act.

(6) Any notice, authority or requirement given or imposed under any enactment repealed by this section shall have effect as if given or imposed under the corresponding provision of Part XIII of the Third Schedule to the Water Act, 1945.

13 Power of local authorities to waive certain sewerage charges

Notwithstanding anything in section thirty-six of the Public Health Act, 1936 (which enables local authorities to undertake the making of communications with public sewers in certain cases) any local authority may themselves bear the whole or any part of any expenses recoverable under that section from the person for whom the work is done by that authority thereunder.

14 Declaration of voting a)( elections of county and borough aldermen

(1) Upon an election of county or borough aldermen held under the Local Government Act, 1933, the person presiding at the meeting shall, as soon as all the voting papers have been delivered to him, proceed to ascertain the result of the voting and state the number of votes given to each person, and shall then deliver the voting papers to the clerk of the county council or the town clerk, as the case may be, to be kept for six months.

(2) In the case of any such election as aforesaid, the minutes of the proceedings of the meeting shall include the full names and places of residence and descriptions of the persons to whom votes are given, and the names of the persons by whom those votes are given respectively.

(3) Subsection (4) of section seven of the Local Government Act, 1933, subsection (4) of section twenty-two of that Act, section two hundred and twenty-five of the Nottinghamshire County Council Act, 1951, and section one hundred and nine of the Glamorgan County Council Act, 1952, are hereby repealed.

15 Disability of members of local authorities on account of interests in contracts

In each of the following enactments, that is to say—

(a) subsection (2A) of section seventy-six of the Local Government Act, 1933 (which restricts the effect of the disabilities imposed by subsection (1) of that section upon members of local authorities having a pecuniary interest in contracts in the case of persons having only an indirect interest by virtue of the holding of shares in a company where that holding does not exceed two hundred pounds or one hundredth of the issued share capital, whichever is the less);

(b) subsection (2A) of section fifty-two of the London Government Act, 1939 (which makes corresponding provision in respect of London); and

(c) subsection (2A) of section seventy-three of the Local Government (Scotland) Act, 1947 (which makes corresponding provision in respect of Scotland),

for the words " two hundred pounds " there shall be substituted the words " five hundred pounds ".

16 Financial loss allowances to members of local authorities, etc.

(1) In subsection (1) of section one hundred and twelve of the Local Government Act, 1948 (which provides for the payment of financial loss allowances to members of bodies to which Part VI of that Act applies), after the words " financial loss allowance " there shall be inserted the words " not exceeding such amount as may be prescribed ".

(2) A statutory instrument containing regulations made under section one hundred and seventeen of the said Act, being regulations made for the purposes of section one hundred and twelve of that Act as amended by this section, shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(3) The proviso to the said section one hundred and twelve (which imposes specific limits on the amount of any payment under that subsection in respect of any one period of twenty-four hours) shall cease to have effect on such date as may be prescribed by regulations made as aforesaid.