HC Deb 10 March 1971 vol 813 cc452-3

.—(1) The Secretary of State may by agreement with a local authority delegate to that authority all or any of his functions with respect to the management of a trunk road picnic area or with respect to the management of public sanitary conveniences provided by him under section (Provision of picnic sites and public conveniences for users of trunk roads) (5) of this Act.

(2) Section 10(2) and (3) of the principal Act (discharge of functions delegated by Secretary of State to council and termination of delegation) shall apply in relation to functions delegated, and a delegation, to a local authority under subsection (1) above as they apply in relation to functions delegated, and a delegation, to a council under subsection (1) of that section.

(3) The Secretary of State may enter into agreements with a local authority—

  1. (a) for the provision by that authority on a trunk road picnic area of a picnic site for motorists and others likely to use the road;
  2. (b) for the doing by that authority of anything which he has power to do on that area under subsection (2) or (3) of section (Provision of picnic sites and public conveniences for users of trunk roads) of this Act; or
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  3. (c) for the discharge by that authority of all or any of his functions under subsection (5) of that section,
so, however, that the said section 10(2) shall apply to the discharge of the functions of a local authority under any such agreement and to the conditions to be included in any such agreement as it applies to the discharge of functions delegated under this section to a council and to the conditions to be attached to any such delegation.

(4) Plant and materials belonging to a local authority to whom functions are delegated under subsection (1) above or with whom an agreement is made under subsection (3) above may be used by them for the purposes of those functions or of that agreement, subject to the terms of the delegation or agreement.

(5) Where any functions of the Secretary of State as respects a trunk road picnic area stand delegated to a local authority under subsection (1) above, or are functions of a local authority by virtue of an agreement made under subsection (3) above, then, except in so far as any conditions attached to the delegation or included in the agreement, as the case may be, otherwise provide—

  1. (a) subsections (1) and (3) to (7) of section 41 of the Countryside Act 1968 (power of local authority to make byelaws as respects certain land) shall apply in relation to that area as if it were a picnic site provided by that authority tinder section 10 of that Act;
  2. (b) subsections (8) and (9) of the said section 41 (appointment of wardens) shall have effect as if references therein to that section included references to that section as applied by this subsection;
  3. (c) section 43 of that Act (provision as to local authority powers), except subsection (4), shall have effect as if facilities or services provided by the local authority in exercise of powers exercisable by them by virtue of that delegation or agreement, as the case may be, were provided by them under that Act and as if any power so exercisable were a power under that Act; and
  4. (d) that authority may arrange with some other person, not being a council, for the provision by that other person of meals or refreshments on the trunk road picnic area.

(6) Where any functions of the Secretary of State with respect to the management or provision of public sanitary conveniences stand delegated to a local authority under subsection (1) above, or are functions of a local authority by virtue of an agreement made under subsection (3) above, that authority may make byelaws as to the conduct of persons using or entering those conveniences.

(7) In this section 'local authority' means the council of a county, the council of a county borough or the council of a county district.—[Mr. Graham Page.]

Brought up, read the First and Second time, and added to the Bill.

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