§ [No. 65–261]
§ Page 23, leave out lines 5 to 9
§ Page 23,line 10, leave out "(4) "and insert" (3)
§ Page 23, leave out lines 15 and 16
§ Page 23, line 17, leave out (6) "and insert" (4)"
§ Page 24, line 18, leave out "or a part of which, is let in lodgings or which"
§ Page 24, line 19, leave out "members of more than one family" and insert "persons who do not form a single household "leave out lines 37 and 38
§ Page 24, line 39, leave out "(4) "and insert" (3)
§ Page 24, line 43, leave out "(5) "and insert" (4) ".
§ Page 25, line 12, leave out "(6) "and insert" (5)
§
Page 25, line 14, at end insert—
(6)(a) The powers conferred by this section shall not be exercisable in relation to any house without the consent of the statutory water undertakers within whose limits of supply the house is situated, which consent shall not be unreasonably withheld, and in giving their consent the statutory water undertakers—
(b) Any difference which may arise between any statutory water undertakers and a district council under this subsection other than a difference as to the meaning or construction thereof, shall be determined by arbitration.
§ Page 25, line 26, leave out "to the Solihill Borough Council "and insert" in the borough of Solihull"
§
Page 27, line 40, at end insert—
(e) provided in connection with a departmental store; or
§ Page 27, line 41, leave out "(e)"and insert"(.1)"
§ Page 28, line 16, leave out "their district" and insert "the district of the council making the order"
§ Page 28, line 33, leave out "the district council" and insert "they"
§ Page 29, leave out Clause 39 and insert new Clause 39:
§ 39. "Notice of street processions
§ (1)(a) No person shall organise or conduct a procession through any street in a district unless there has been served on the chief officer of police at any police station in the district through which the procession is intended to pass, a notice stating the route by which and the date and time on and at which it is intended that it should pass.
§ (b) Notice under paragraph (a) above shall be served at a time not less than 72 hours before the procession starts to pass through any street or as soon as reasonably practicable after that time.
§ (2) If any procession passes through any street in a district by a route or at a time which has not been stated in a notice relating to that procession delivered in accordance with subsection (1) above, except in accordance with directions given by the chief officer of police under section 3 of the Public Order Act 1936 or other directions given by the senior police officer, if any, attending the procession, any person organising or conducting the procession shall be guilty of an offence and liable on summary conviction to a fine not exceeding £200.
§ (3) Nothing in this section shall apply to a procession:
- (a) commonly or customarily held; or
- (b) organised or conducted for the purpose of a funeral by a person acting in the normal course of his business where his business is that of a funeral director.
§ (4) For the furtherance of co-operation between the organisers of processions and the police, the Chief Constable shall issue a code of practice giving guidance to the organisers of processions on any matters which he deems to be relevant, and in particular drawing attention to:
- (a) the desirability of notifying the police as early as possible when a procession is planned and publicised; and
- (b) the need to make arrangements for stewarding and to agree the route with the police.
§ (5) Proceedings shall not be instituted for any offence under this section unless the proceedings are instituted by or with the consent of the Director of Public Prosecutions."
§ Page 29, line 41, leave out "have been approved" and insert "must be deposited".
§ Page 30, line 4, leave out "a stand".
§ Page 32, line 14, leave out "under" and insert "subject to"
§ Page 32, line 18, leave out under "and insert "subject to"
§ Page 32, line 31, after "to" where it occurs for the second time insert "the"
§ Page 32, line 37, leave out "under" and insert "subject to".
§ Page 35, line 21, after "which" insert "provides"
§ Page 35, line 22, leave out "provides"
§ Page 35, lines 22 and 23, leave out "either alone or in addition to any other facility or service"
§ Page 35, line 27, leave out "is constructed or adapted to provide"
§ Page 35, line 29, leave out "building providing" and leave out "space" and insert "place"
§
line 40, after "authority" insert—
and, in a case where a licence under the Petroleum (Consolidation) Act 1928 will be required in respect of the building, after consultation with the licensing authority under that Act (if not the fire authority),".
§ Page 36, line 34, leave out "by them"
§ Page 36, line 35, after "any" insert "corresponding".
§ Page 36, lines 35 and 36, leave out "in respect of the use of a parking place to which this section applies".
§ Page 37, line 2, leave out "parking place "and insert "building or part of a building"
§ Page 37, lines 2 and 3, leave out "to which this section applies"
§ Page 37, line 5, after "Act" insert "as a parking place to which this section applies".
§ Page 38, leave out line 6.
§ Page 39, line 40, after "section" insert "and"
§
Page 39, line 42, at end insert—
(9) The foregoing provisions of this section shall not apply to apparatus installed or proposed to be installed on or in premises in respect of which a licence under the Cinematograph Acts 1909 and 1952 is for the time being in force but, where any apparatus to which this section applies is proposed to be installed on or in any such premises, the owner or occupier of the premises shall, before the apparatus is installed, give notice to the fire authority informing them of the position in which it is proposed to place the cut-off switch and how it is to be coloured or marked".
§ Page 39, line 43, leave out "(9) "and insert" (10)".
§ Page 40, line 4, leave out "(10)"and insert" (11)"
§ Page 40, line 5, leave out "or" and after "(5) "insert" or (9) "
§ Page 40, line 7, leave out (11)"and insert" (12)"
§ Page 40, line 26,leave out "any".
§ Page 41, line 14, after "include" insert"(a)"
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§
Page 40, line 16, at end insert—
or
(b) any such equipment for generating electricity forming part of a generating station of the generating board or equipment provided in accordance with proposals approved under section 6 of the Electricity Act 1957;".
§
Page 40, line 38, at end insert—
(d) If the Secretary of State, on considering byelaws submitted under section 236 of the Act of 1972 as having effect in accordance with paragraph (c) above proposes to make a modification which appears to him to be substantial he shall inform the county council and require them to take any steps he thinks necessary for informing persons likely to be concerned with that modification and shall not confirm the byelaws until there has elapsed such period as he thinks reasonable for consideration of, and comment upon, the proposed modification by the county council and by other persons who have been informed of it".
§
Page 44, line 4, at end insert—
(5)(a) Nothing in this section shall authorise the fire authority to require the generating board or the electricity board to affix on any building or part of a building on operational land (as defined in section 222 of the Act of 1971) any sign, symbol or notice without the consent of the board concerned which consent shall not be unreasonably withheld.
(b) Any question whether a consent required by this section has been unreasonably withheld shall be determined by the Secretary of State".
§ Page 46, line 23, after "exceeds" insert "any of"
§
Page 46, line 36, leave out "under any conditions" and insert
if any of the conditions specified in section (4) below are not fulfilled
§ Page 46, line 38, leave out "12" and insert "50"
§ Page 47, lines 1 and 2, leave out "consisting wholly or partly of materials other than wood "and insert" of any materials, not being a stack specified in paragraph (c) or (d) below",
§
Page 47, line 7, at end insert—
(c) for stacks consisting wholly of paper, cardboard or rags, if the conditions specified in subsection (4) below are fulfilled—
§ Page 47,line 8, leave out "(c)" and insert"(d)"
§ Page 47, line 14, leave out "and (c)"and insert" to (d)"
§ Page 47, line 23, leave out "are"and insert"is"
§
Page 47, line 31, after applies "insert—
(a) if, being a stack of a temporary nature in connection with works of construction, alteration, maintenance, repair or renewal of a railway line of the railways board, it is alongside a railway line on premises
1007
occupied by the railways board for the purposes of their undertaking and is not on a site habitually used for the stacking or storage of any of the materials specified in subsection (2) above; or
(b)
§
Page 48, leave out lines 1 to 41 and insert—
(2) A person making application to the county council for a consent under this section shall provide such information for that purpose (including information about the materials to be stacked, the premises and the undertaking, trade or business conducted on the premises) as the county council may, within 28 days from the date on which the application is made, reasonably require.
§ (3) Where an application has been made to the county council for their consent under this section and the county council have failed, within 8 weeks, or such longer period as the applicant may allow, after the application was made to give notice to the applicant that they give or refuse their consent, or give it subject to conditions, the county council shall be deemed to have given their consent without conditions except any that have been accepted in the application.
§ (4) Where the county council have given a consent under this section to the stacking of materials on any premises—
- (a) they may—
- (i) at the request of the owner of the materials or of the occupier of the premises; or
- (ii) on a change of the occupier of the premises; or
- (iii) on a change of circumstances which in their opinion creates or, as the case may be, increases the fire risks of the stack;
- (b) they may at any time by notice to the owner of the materials or the occupier of the premises relax any conditions imposed under this section.
§
(5) The conditions which may be imposed under this section on a consent to the stacking of materials on any premises shall be such as, having regard to the reasonable requirements of the undertaking, trade or business conducted on the premises, appear to the county council to be reasonably necessary to prevent the outbreak of fire, to reduce the damage that fire will cause if it breaks out and to facilitate fire-fighting, including the provision of water for fire fighting purposes:
Provided that where, on an application for consent under this section to the stacking of materials the county council are satisfied that by reason of those materials the stack does not create fire risks, the county council shall give their consent unconditionally.
§ Page 49, leave out the words from "refusal" in line 1 to "section" in line 4 and insert "of consent, or by any condition imposed on such a consent, under"
§ Page 49, line 6, leave out "this" and insert "that"
§ Page 49, line 22, leave out "(5)" and insert" (4)"
1008§ Page 49, line 24, leave out "for a stack"
§ Page 49, line 25, leave out 28 "and insert" 42 "
§ Page 49, line 28, leave out "28 "and insert"42"
§ Page 49, line 30, leave out the second "the" and insert" a "
§ Page 49, line 33, after "his"insert"undertaking, trade or "
§ Pages 50 to 56, leave out Part VIII.
§ Page 56, line 24, leave out "IX" and insert "VIII".
§ Page 57, line 5, leave out "any" and insert "that" and after "shall" insert "on that day"
§
Page 57, line 5 at end insert—
(3)(a) A district council may resolve that in its application to their district this Part shall—
Provided that a district council may by subsequent resolution apply the whole
of this Part to their district.(b) Section 3 (The appointed day) of this Act shall apply to any resolution passed under this subsection".
§ Page 57, line 6, leave out "(3) "and insert" (4)"
§ Page 57, line 26, after"(b)"insert" except in the case of application for the renewal of a licence"
§
Page 58, leave out lines 20 and 21 and insert—
(b) No fee shall be payable under this subsection where the application relates to an entertainment which, in the opinion of the district council, is of an educational character or is given for a charitable purpose; and in any other case the district council may dispense with, or reduce, the fee".
§ Page 59, leave out lines 2 to 9 and insert—
- "(a) keeps or uses, or permits the use of, premises contrary to subsection (1) of section 71 (Licensing of entertainments) of this Act; or
- (b) contravenes, or permits the contravention of, a term or condition specified in an entertainment licence;"
§ Page 59, line 15, after "grant"insert"renew "
§ Page 59, line 19, after "grant" in both places where it occurs insert" renewal
§ Page 60, line 25, leave out "X" and insert "IX"
§
Page 61, leave out lines 7 to 9 and insert—
"authorised insurers" means a person who is permitted under the Insurance Companies Act 1974 or the corresponding provision for the time being in force in Northern Ireland to carry on in Great Britain or in Northern Ireland insurance business of a relevant class or who has corresponding permission under the law of another member state;
§ Page 61, line 37, after "recover" insert" a sum not exceeding"
§ Page 61, line 43, leave out "specified payment" and insert "sum"
§ Page 62, line 26, leave out "XI" and insert "X"
§ Page 63, line 4, leave out "three" and insert "six"
§ Page 63, line 16, leave out "three" and insert "six"
§ Page 63, line 34, leave out "1934" and insert "1978"
§ Page 64, leave out the words from "area" in line 17 to "information" in line 19 and insert "at any premises to which section 142(1) of the Act of 1972 applies supply"
§ Page 64, line 20, after "make" insert "reasonable" and leave out "bureau" and insert "premises"
§ Page 65, line 18, leave out "to the Birmingham City Council" and insert "in the city of Birmingham"
§ Page 65, line 19, leave out "XII" and insert "XI"
§ Page 65, line 21, leave out "1" and insert "2"
§ Page 65, line 36, leave out "Schedule 1" and insert "(1) schedule 2"
§
Page 65, line 39, at end insert—
(2) The code in Part II of the Public Utilities Street Works Act 1950 shall apply and have effect in relation to apparatus of the statutory undertakers as if the construction of any subway under a street or the execution or doing under a street of any work or thing authorised by this section and Schedule 2 to this Act were works to which paragraph (a) of subsection (1) of section 21 of the said Act of 1950 applies.
(3) In this section "apparatus" includes any structure constructed for the lodging therein of apparatus.
§ Page 67, line 3, at end insert "or any electric line or work of the generating board or the electricity board"
§ Page 67, line 15, after "liable" insert "on summary conviction"
§ Page 67, line 23, leave out "corporation" and insert "Birmingham Council"
§ Page 67, lines 24 and 25, leave out "within 21 days from the date of the notice"
§ Page 68, line 16 and 17, leave out "subparagraph" and insert "paragraph"
§ Page 68, lines 19 and 20, leave out "subparagraph" and insert "paragraph".
§ Page 69, line 6, leave out "deposited map" and insert "map deposited"
§ Page 69, line 18, leave out "has" and insert "had".
§ Page 71, line 8, leave out "35" and insert "22"
§ Page 71, line 30, leave out "dependent" and insert "dependant".
§ Page 72, lines 5 and 6, leave out "justices acting for the petty sessional division of a district" and insert "Magistrates' Courts Committee for the city"
§ Page 72, line 12, leave out "justices" and insert "committee" leave out lines 14 to 17
§ Page 72, line 18, leave out "(4)" and insert "(3)"
1010§ Page 72, line 32, leave out "XIII" and insert "XII"
§ Page 73, line 12, leave out "Estates" and insert "Charity" leave out the words and figure from "(2)" in line 16 to "to" in line 17 and insert "Schedule 3"
§ Page 73, lines 20 and 21, leave out "the city" and insert "Coventry as preserved by the Act of 1972"
§ Page 73, line 22, after "Schedule" insert "3".
§ Page 74, line 37, leave out" (a)"
§ Page 74, line 37, leave out the words from "trustees" in line 37 to the end of line 38
§ Page 74, line 39, leave out "(i)" and insert" (a)"
§ Page 74, line 43, leave out "(ii)" and insert."(b)"
§ Page 75, line 3, leave out "and"
§ Page 75, line 4, leave out "(iii)" and insert "(c)"
§ Page 75, line 9, after "thereto" insert "and" leave out line 10
§ Page 75, line 11, leave out "Inclosure Award of 1875" and insert "(d)"
§ Page 75, line 19, leave out "to whom such sum is payable".
§ Page 75, line 21, leave out "said two bodies of"
§ Page 75, line 23, leave out "said bodies of"
§ Page 75, line 23, leave out line 24
§
Page 75, line 41, at end insert—
"the trustees" means the trustees of the charity called the Coventry Freemen's Charity regulated by a scheme of the Charity Commissioners of 29th December 1978.
§ Page 76, line 14, leave out "the" where it occurs for the second time
§
Page 76, line 14, leave out lines 19 to 32 and insert—
(3) In its application the Coventry Council the said section 37 shall have effect as if—
(2A) If the owner or occupier of a loading area is aggrieved by any proposal of the Coventry City Council to make, vary or revoke an order under subsections (1) or (2) above he may appeal to a county court who may dismiss or allow the appeal and may make directions giving effect to the court's decision; and the Coventry City Council shall comply with any such directions."
1011
and in their application to the exercise by the Coventry Council of the powers of the said section 37 having effect by virtue of this section the Control of Parking in Goods Vehicle Loanding Areas Orders (Procedure) Regulations 1978 shall be construed as if references to the county council were references to the Coventry Council as if references to consultation with any local authority were omitted and as if for references to obtaining the consent of the owner or occupier of the land in question there were substituted a requirement that—
§ Page 77, line 5, after "Street" insert "in the city"
§ Page 77, line 6, leave out "Earl Street in the city" and insert "the said street"
§ Page 77, line 15, after Street "insert "in the city"
§ Page 77, line 23, before"The "where it occurs for the first time insert" (1)"
§
Page 77, line 27, at end insert—
(2) Where the river Sherbourne or any of its tributaries pass under, through or by the side of any railways or works of the railways board the powers of subsection (1) above shall be exercised subject to the following conditions—
§ Page 77, line 28, leave out "XIV" and insert "XIII".
§ Page 78, line 26, leave out "XV" and insert "XIV".
§ Page 79, line 1, leave out "XVI" and insert "XV".
§ Page 79, line 21, leave out "XVII" and insert "XVI".
§ Page 79, line 27, leave out "XVIII" and insert "XVII".
1012§ Page 80, line 7 after "business" insert "or practice"
§ Page 80, line 10, after "business" insert "or practice"
§ Page 80, line 14, after "business" insert "or practice"
§ Page 80, lines 17 and 18, leave out "122 (Appeals, general)" and insert "123A (Suspension of proceedings pending appeal)"
§
Page 80, lines 17 leave out lines 25 to 28 and insert—
(a) in any case where a question or dispute arises under the following provisions of this Act—
§ Page 80, line 30, leave out "1" and insert "2"
§ Page 80, line 32, leave out "(1)"
§ Page 80, lines 17 leave out lines 34 to 40
§ Page 81, leave out lines 1 to 12
§ Page 82, line 3, at end insert—
§ "Suspension of proceedings pending appeal
§ Where a requirement, refusal or other decision of a local authority against which a right of appeal is conferred by this Act—
- (a) involves the execution of any work or the taking of any action; or
- (b) makes it unlawful for a person to carry on any undertaking, trade, business or practice which he was lawfully carrying on immediately before the requirement, refusal or decision was made or, but for this section, came into effect, or to use premises for any purpose for which they were lawfully then used;
- (i) no proceedings shall be taken in respect of any failure to execute the work or to take the action, nor shall the local authority themselves execute the work or take the action; and
- (ii) the person may continue to carry on the undertaking, trade, business or practice or to use the premises for that purpose."
§ Page 82, line 22, leave out "Reduction of" and insert "Minimising"
§
Page 82, line 25, at end insert—
Section 29 (Restriction on use of dustbins);
§ Page 82, leave out lines 35 to 39
§ Page 82, line 40, leave out "IX" and insert "VIII"
§ Page 83, line 10, leave out 3 "and insert "4"leave out line 36 and insert" Part VII (Storage of flammable material)"
§
Page 83, line 36, at end insert—
Provided that, before entry on any operational railway line of the railways board in pursuance of any of those provisions of this Act and of the said section 287 as it has effect by virtue of this section, not less than 24 hours'
1013
notice of intended entry shall, except in case of emergency, be given to the railways board and any person entering on any such railway line in pursuance of that notice or in any such emergency shall comply with the reasonable requirements of the railways board for the protection of their undertaking.
§ Page 84, line 3, leave out "Reduction of" and insert "Minimising"
§ Page 84, line 26, leave out "Reduction of" and insert "Minimising"
§ Page 84, line 34, leave out "4" and insert "5"
§ Page 84, line 36, leave out "that" and insert "the said"
§ Page 84, line 37, after "Part" insert "II"
§
Page 85, line 32, at end insert—
(7)(a) Notwithstanding the repeal by this Act of enactments continued in force by the Water Act 1973 relating to functions exercisable by the water authority for the supply of water within their area—
(b) Notwithstanding the repeal by this Act of enactments continued in force by the Water Act 1973 relating to any other functions exercisable by the water authority, the water authority may continue and maintain all works authorised by those enactments as if this Act had not been passed.
§ (8) Nothing in the foregoing provisions of this section shall prejudice or affect any provision made, or which may be made, in any order under section 254 of the Act of 1972 as extended by section 34 of the Water Act 1973."
§ Page 85, line 33, leave out "(7)" and insert "(9)"
§ Page 85, line 39, after "the" where it occurs for the first time insert "said"
§ Page 85, line 41, leave out "(8)" and insert "(10)"
§ Page 86, line 3, leave out "(9)" and insert "(11)"
§ Page 86, line 5, leave out "the"
§ Page 86, line 13, leave out "(10)" and insert "(12)"
§ Page 86, line 19, leave out "(11)" and insert "(13)" and after "operation" insert "of sections 15 to 17"
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§
Page 86, line 20, leave out "1889" and insert "1978" and at end insert—
(14) In this section" the water authority" means the Severn-Trent Water Authority and the Welsh Water Authority or either of those Authorities.
§ Page 86, line 21, leave out "5" and insert "6"
§ Page 86, line 22, after "in" insert "that part of"
§ Page 86, line 25, leave out "5" and insert "6"
§ Page 86, line 26, after "effect" insert "to the extent specified in that part of that Schedule"
§
Page 86, line 31, at end insert—
(3) Section 51 (Prohibition of smoke in certain areas) of the Coventry Corporation Act 1948 and any order made thereunder shall continue to have effect until the end of 1981 or until the coming into operation of any order made by the Coventry City Council and confirmed by the Secretary of State under section 11 of the Clean Air Act 1956 (smoke control areas) in respect of the area defined in the said section 51 as "the central area" as extended by any order made and confirmed under that section whichever is the sooner and section 262(9) of the Act of 1972 shall not apply to the said section 51 or to any order made thereunder
§ Page 87, line 1, at end insert—