HC Deb 11 April 1984 vol 58 cc249-55W
Mr. Alfred Morris

asked the Secretary of State for the Environment if he will set out in detail the range of default powers to which he referred in his reply to the hon. Member for Liverpool, Riverside (Mr. Parry) on 23 November, Official Report, column 218.

Mr. Waldegrave

[pursuant to his reply, 15 December 1983, c. 553]: We have identified the following default powers.

DEPARTMENT OF EMPLOYMENT

Power and Description of Default Power Health and Safety at Work Act 1974, section 45 Secretary of State may cause a local enquiry to be held where a local authority is considered not to have discharged its (health and safety) functions correctly. If appropriate, he may then direct the authority to perform its enforcement functions. In the event of further default the Secretary of State may transfer the functions or enforce the direction by mandamus.

Petroleum (Consolidated) Act 1928, section 7 Secretary of State may make petroleum byelaws where the authority concerned have failed to do so.

DEPARTMENT OF EDUCATION AND SCIENCE

Power and Description of Default Power

The Education Act 1944, section 68 Secretary of State may, if he is satisfied that a local authority has acted or is proposing to act unreasonably with respect to the exercise of any power conferred, or the performance of any duty imposed, by an Education Act give such directions as to the exercise of the power or performance of the duty, as appear to him to be expedient. Ultimate enforcement by mandamus.

The Education Act 1944, section 99 Secretary of State may, if he is satisfied that any local authority has failed to discharge any duty imposed on it by or for the purposes of the Act, declare the authority to be in default and give such directions as appear to him to be expedient. The ultimate enforcement is by mandamus.

The Sex Discrimination Act 1975, section 25 Applies sections 68 and 99 of the Education Act 1944 to the performance by authorities of the duties imposed by sections 22, 23, and 25 of this Act.

The Race Relations Act 1976, section 19 Applies sections 68 and 99 of the Education Act 1944 to the performance by authorities of the duties imposed by sections 17, 18, and 19 of this Act.

OFFICE OF ARTS AND LIBRARIES

Power and Description of Default Power

Public Libraries and Museums Act 1964, section 10 (as amended by Local Government Act 1972, section 10) Lord President of the Council/Secretary of State for Wales, may transfer responsibility for providing library services to himself or, in the case of a Welsh district council, to a county council where a local authority have failed to carry out their functions.

DEPARTMENT OF TRADE AND INDUSTRY

Power and Description of Default Power

Weights and Measures Act 1979, section 8 Secretary of State may make arrangements to secure that a requirement made of a local authority, not carrying out its weights and measures functions, by the National Meteorological Co-ordinating Unit is complied with. Secretary of State may appoint an inspector to carry out arrangements and recover the cost from the local authority.

Consumer Safety Act 1978, section 5(2) and schedule 2 (para. 1) Secretary of State may transfer the whole or part of the duty imposed on a weights and measures authority to another person who has agreed to the transfer or to exercise the powers himself.

DEPARTMENT OF TRANSPORT

Power and Description of Default Power

Highways Act 1980, section 285 Secretary of State may execute work for improvement of a highway if the local authority do not do so. Secretary of State may recover the costs from the defaulting authority.

Road Traffic Regulation Act 1967, sections 55 and 62 Secretary of State may direct a local authority to erect a traffic sign, or remove one or, on refusal to, carry out the work and recover the expense. Ultimate enforcement is by mandamus.

Road Traffic Regulation Act 1967, sections 69 and 70 Secretary of State may arrange the placing or removal of bollards or other obstructions on any roads leading into or on any non-trunk road and recover the costs from the local authority concerned. Ultimate enforcement is by mandamus.

Road Traffic Regulation Act 1967, section 84 and 84(A) Secretary of State may require any local authority to make a traffic regulation or speed limit order or may prohibit the authority from making such orders. Secretary of State may also on limited grounds make such orders himself.

DEPARTMENT OF THE ENVIRONMENT

Power and Description of Default Power

Public Health Act 1936, Section 322–325 (as amended by Local Government Miscellaneous Provisions Act 1976, section 27) Secretary of State powers relating to public health functions, including provision of mortuaries, the making of by-laws relating to common lodging houses and the enforcement of certain building regulations. If Secretary of State is satisfied that any council … have failed to discharge their functions … in any case where they ought to have done so, he may make an order declaring them to be in default and directing them … to discharge such of their functions, in such manner and within such time … as may be specified in the order". If a council … fail to comply … within the time limited … the Secretary of State, in lieu of enforcing the orders by mandamus or otherwise, may make an order transferring to himself such of the functions of the body in default as may be specified in his order". Where … the Secretary of State has by order transferred to himself any functions of a council … any expenses incurred by him in discharging the said functions … shall on demand be paid to him by the body in default…

Clean Air Act 1956, section 31(1) Secretary of State default powers relating to clean air as Sections 322–325 Public Health Act 1936.

Clean Air Act 1968, section 8(4) Secretary of State may direct a local authority who have insufficiently exercised their smoke control powers to do so.

Control of Pollution Act 1974, section 97 Secretary of State may declare a local authority to be in default and enforce any direction by mandamus or transfer the functions to himself (such as waste disposal, noise control, and clean air)

Rent Act 1977, section 64 The Secretary of State may revoke a scheme for the appointment of rent officers made under section 63, Rent Act 1977 if he is of the opinion that the local authority concerned (or the "proper officer" of that authority) have failed to carry out any function conferred on them by that scheme. He may then make another scheme, without consultation with the defaulting authority. This can transfer the functions, as appropriate, and subject to their consent, either to another authority, or its own "proper officer", or to "some other persons". (At present the rent registration authorities are counties, including Metropolitan Counties, in England and Wales and the London Boroughs).

Housing Act 1957, section 18(2) Secretary of State may impose by statutory instrument underground room regulations if local authorities fail to make or made adequate regulations.

Housing Act 1957, section 76 Secretary of State may direct a local authority to carry out an inspection and submit a report and proposals as to overcrowding in its district. Secretary of State may, after consulting the local authority, fix dates by which the performance of these duties are to be completed.

Housing Act 1980, section 23 and 24 Secretary of State may, where it appears to him that tenants are having or may have difficulty in exercising the right to buy effectively and expeditiously, take over the local authority functions himself.

Housing Act 1980, section 110 Secretary of State may direct a local authority to charge a specified interest rate on its mortgage advances.

Refuse disposal (Amenity) Act 1978, section 1(5) and (6) and 3(9) Secretary of State may following a local inquiry require a local authority to provide a plan for the deposit of refuse where they have failed to do so. The ultimate remedy in mandamus.

New Town Act 1981, section 46(6) Secretary of State may, where local authority and new Town corporation fail to make a scheme for transferring dwellings to local authority when so directed under section 44, himself make such a scheme.

Town Development Act 1952, section 9 Secretary of State may make Orders enabling a local authority to take action necessary for town development if receiving local authority fails to agree.

Local Government Planning and Land Act 1980, section 17 Secretary of State may curtail the activities or close down a Direct Labour Organisation if he feels necessary.

Caravan Sites Act 1968, section 9 Secretary of State may direct a local authority to provide caravan sites where it appears to him necessary. Enforceable by mandamus.

National Parks and Access to Countryside Act 1949. section 91(1) Secretary of State may make by-laws for the preservation of order, the prevention of damage and the regulation of conduct to or on any land or waterway to which the public have access under an access agreement or order or which has been acquired for that purpose if a local authority fails to do so to his satisfaction.

National Parks and Access to Countryside Act 1949 section 99(3) and 13(4–6) Secretary of State may direct a local authority to carry out improvements to facilitate recreational use of any waterway outside of their area but within the boundary of a National Park if no agreement has been reached between the relevant authorities under section 13(2) and to direct that the local authority within whose area the work is carried out contribute towards the cost.

Local Government Act 1972, schedule 17 Part 1, Paragraph 8 Secretary of State has powers to determine proportion of expenditue incurred by National Park Committees in default of agreement being reached between 2 or more local authorities.

Paragraph 9 Secretary of State has powers to determine (in default of agreement between a National Park Committee and Countryside Commission) discharge of functions in National Park by District Planning authority.

Paragraph 14 Secretary of State has powers to determine (in default of agreement between 2 or more local authorities) on appointment of members to National Park Committees.

Paragraph 16 Secretary of State has powers to determine (in default of agreement between 2 or more local authorities) of which authority a National Park Officer shall be an officer.

Wildlife and Countryside Act 1981, section 46 Secretary of State has default powers if no agreement is reached between 2 or more district councils on the appointment of members to a National Park Board or Committee.

Coast Protection Act 1949, section 15 Secretary of State, on representation from coast protection authority, that sea defence commissioners have failed to carry out coast protection work that they are required to do, may authorise coast protection authority so to do.

Coast Protection Act 1949, section 20 Secretary of State may, in absence of agreement between local authority and maritime district, determine the amount of local authority's contribution towards cost of coast protection work.

Coast Protection Act 1949, section 29 Secretary of State hold enquiry where coast protection authority is suspected of failing to take sufficient measures and to order them to exercise their powers.

Town and Country Planning Act 1971 (as amended) section 17 Power to carry out survey and to prepare, alter, repeal, or replace structure and local plans; and power to have another local planning authority do these things.

Town and Country Planning Act 1971 (as amended) section 276(1) Secretary of State may after consulting, with Local Planning Authority direct them to submit orders for confirmation (or may make such orders himself), under section 45 (revoking planning permission), 51 (requiring discontinuance/removal of development) and tree preservation orders.

Section 276(6) Secretary of State after holding inquiry, may order counties, districts and London Boroughs to acquire land and/ or carry out development, necessary for proper planning or the area, if they have failed to do so.

Section 276(5)(c) Power to issue enforcement notice under section 87 of Town and Country Planning Act 1971 (with consequential rights).

Section 276(5)(d) Power to serve stop notice under section 90 of Town and Country Planning Act 1971.

Section 276(4) Secretary of State must give local planning authority an opportunity of being heard by a person appointed for the purpose in cases where he proposes to make an order under section 276(1) and (2).

Town and Country Planning (Control of Advertisement Regulations) regulation 28(2) Secretary of State may, after consultation with LPA, make an Area of Special Control Order or serve a "discontinuance notice", if it appears expedient for him to do so: and he then has the same power as the LPA for these purposes.

Town and Country Planning (Enforcemnt Notices and Appeals) Regulations, regulation 9 Applies the regulations (except regulation 8) to enforcement notices issued by the Secretary of State under section 276(5A) of the 1971 Act.

DEPARTMENT OF HEALTH AND SOCIAL SECURITY

Power and Description of Default Power

National Health Service Act 1977, section 85 Secretary of State may require any local social services authority to discharge any of its functions with regard to the care of mothers and young children, home help, the provision of laundry facilities and prevention, care and aftercare generally, by appointing an inspector. Alternatively the Secretary of State may transfer the functions to himself by order (as an alternative to mandamus).

Mental Health Act 1959, section 142 Applies section 85 of the National Health Service Act 1977 to the welfare of the mentally disordered, hospital visiting and guardianship (powers as above).

National Assistance Act 1948, section 36 Secretary of State may require any local authority to provide resident accommodation for people in need of care or may do so himself.

Chronically Sick and Disabled Persons Act 1970, section 2 Applies section 36 of the National Assistance Act 1948 to welfare arrangements for blind, deaf, dumb and crippled people (powers as above).

Disabled Persons Employment Act 1958, section 3(4) Applies section 36 of the National Assistance Act 1948 to the provision of facilities for sheltered employment of severely disabled people (powers as above).

Social Security and Housing benefits Act 1982, section 31(2) Secretary of State may direct a local authority to take specific steps to publicise the housing benefit scheme if it is considered that local publicity is inadequate.

MINISTRY OF AGRICULTURE, FISHERIES AND FOOD

Power and Description of Default Power

Animal Health Act 1981, section 59(1) The appropriate Minister may by order empower a named person to execute or enforce any of the provisions of the Animal Health Act 1981, or of an order made under the Act, where a local authority has failed to do so. Such costs may be recovered from the local authority.

Prevention of Damage by Pests Act 1949, section 12 Secretary of State or Minister, may by order, empower any person to discharge any local authority rodent control function where he is satisfied this function is not being satisfactorily performed by the authority. He may recover from the local authority the cost incurred.

Medicines Acts 1968, section 108(10) Secretary of State or Minister may enforce regulations relating to the sale of animal feeding stuffs and also to their labelling and storage.

Agriculture Act 1970, section 56 The Minister may require any local authority to provide, let, manage or equip smallholdings, to submit re-organisation proposals, periodic review or may transfer the function of the local authority to himself.

Agriculture Act 1970, section 67(8) The Minister may, if of the opinion that local authority enforcement is insufficient, appoint one or more inspectors to discharge any local authorities functions in relation to the protection of purchasers of fertilizers and feedingstuffs. He may recover the costs from the local authority concerned.

The Food and Drugs Act 1955, section 127 The Minister may by order empower an officer of his department to execute and enforce or procure the execution of those provisions of the Act where, after communication with the food and drugs authority, in his opinion the authority has failed to carry out any provision of the Act for which it has responsibility and the failure affects the general interests of consumers or agriculture. He may recover from the authority the cost incurred.

The Food and Drugs Act 1955,section 131 and part 1 of schedule 9 The Minister, if on complaint, he is of the opinion that a local authority has failed in its duties, including those concerning food composition and labelling, food safety and hygiene and milk may cause a local inquiry to be held and if satisfied that there has been such a failure may make an order to declare it in default and direct it to discharge the specified function in a specified time and manner. In the event of failure to comply with the order the Minister may, instead of enforcing the order by mandamus make an order to transfer the functions to himself to recover them the body in default expenses for discharging the functions.

The Slaughter Houses Act 1974, part I, section 32 The Minister of Agriculture has the same powers as described under S131 of the Food and Drugs Act 1955.

THE HOME OFFICE

Power and Description of Default Power

Representation of the People Act 1983, section 18(5) Secretary of State may direct district or London borough councils to alter polling arrangements when the council fail to provide polling arrangements to meet the reasonable requirements of electors and may make the alterations himself if the council fail to make them within a month of the directive having been given.

Representation of the People Act 1949, section 11(4) (as expanded by Local Government Act 1972 schedule 6, paragraph 5(3)) Secretary of State may require any local authority to alter its arrangements for polling in Parliamentary elections or may make such alterations himself.

Civil Defence Act 1948, section 2(2)(c) (as applied by Civil Defence (General) Regulations 1949, regulation 4) Secretary of State may, where he is satisfied that a local authority has failed or refused properly to discharge any functions conferred on it, either himself perform those functions or authorise or require some other authority or person to do so (at the expense of the defaulting authority).

The Police Act 1964, section 14(2) Secretary of State may, if it appears to him expedient in the interests of public safety order that a police force should be reinforced or receive other assistance to enable it to meet any special demand, or direct the chief officer of another force to provide such assistance as the Secretary of State may specify.

The Police (Grant) Order 1966 (SI 223), section 2 Secretary of State may withold police grant in whole or in part permanently or for such time as he may determine if he is not satisfied that the Police area is efficiently policed, that adequate co-operation is afforded by the police force to other police forces, that the police service is efficiently and properly maintained, equipped and administered, that the rates of pay and allowances of the force are as prescribed or approved by him, and that any directions given by him under the Police Act 1964 have been complied with.

Fire Services Act 1947, section 19 (as amended by Fire Services Act 1959 section 7) Secretary of State has the power to make a new establishment scheme if an authority scheme is unsatisfactory.

Fire Services Act 1947, section 33 (as expanded by Fire Precautions Act 1971 section 29 and amended by Local Government Act 1972 section 272) Secretary of State may hold a public local enquiry into the manner in which an authority is discharging its functions under this Act and the Fire Precautions Act 1971, or the steps taken to deal with an individual fire.

OFFICE OF POPULATION, CENSUSES AND SURVEYS

Power and Description of Default Power

Registration Service Act 1953, section 6(1) Registrar General may make any appointment necessary to fill any vacancy in any office of superintendent registrar or registrar of births and deaths.

Registration Service Act 1953, section 10(3) Registrar General may, subject to Treasury approval, incur expenditure necessary to provide and/or maintain a register office, and may recover any expenditure so incurred from the local authority concerned.

Registration Service Act 1953, section 14(5) Registrar General may prepare a scheme for the local organisation of the registration service if a local authority fails to do so.