Search Legislation

Local Government Act 1972

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As enacted)
 Help about advanced features

Advanced Features

Changes to legislation:

Local Government Act 1972, SCHEDULE 14 is up to date with all changes known to be in force on or before 28 March 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

View outstanding changes

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Section 180.

SCHEDULE 14E+W Amendment and Modification of Public Health Acts, Etc.

Part IE+W The M1Public Health Act 1936

Marginal Citations

X11E+WFor section 1 there shall be substituted the following section—

1(1)Subject to the provisions of this Act with respect to certain special authorities, districts and areas, it shall be the duty of the following authorities to carry this Act into execution, that is to say—

(a)in a county, the county council as respects certain matters and the district councils as respects all other matters, without prejudice, however, to the exercise by a parish or community council of any powers conferred upon such councils;

(b)in a London borough, the borough council;

(c)in the City of London, the Common Council; and

(d)in the Inner Temple and the Middle Temple, the Sub-Treasurer and the Under Treasurer thereof respectively.

Editorial Information

X1The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

2E+WAny reference to an urban authority or rural authority shall be construed as a reference to a local authority.

3E+WF1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4E+WWithout prejudice to paragraph 2 above, the following provisions, that is to say, sections F2. . . [F379, 80], F4. . ., 263 and 264 shall apply throughout the district of every local authority.

F55–7E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F68E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X29(1)For sections 87(1) and (2) there shall be substituted the following subsections:—E+W

(1)A county council, the Greater London Council, a local authority or a parish or community council may, subject to subsection (2) of this section, provide sanitary conveniences in proper and convenient situations.

(2)Any such council or authority shall not provide any such convenience in or under a highway or proposed highway for which they are not the highway authority without the consent of the highway authority.

(2)In section 87(3) for the words “a county council or local” there shall be substituted the words “ any such council or ”.

Editorial Information

X2The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

F710E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F811E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F912E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1013, 14.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1115, 16.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1217E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

18E+WThe powers conferred by Part VIII on local authorities within the meaning of the M2Public Health Act 1936 shall be exercisable not only by such authorities but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in that Part to a local authority shall be construed accordingly.

Marginal Citations

19E+WF13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

20E+WAny reference in section 278 to a local authority shall include a reference to a county council F14. . ..

Textual Amendments

21E+WF15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

X322E+WIn section 343 for the definition of contributory place there shall be substituted the following definition:— “ “contributory place” means a rating district within the meaning of the General Rate Act 1967. ”.

Editorial Information

X3The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Part IIE+W Other Enactments

Public Health Acts 1875 to 1925E+W

23E+WSubject to the following provisions of this Schedule and the provisions of Schedule 26 to this Act, all the provisions of the Public Health Acts 1875 to 1925 shall extend throughout England and Wales, whether or not they so extended immediately before 1st April 1974.

24E+WParagraph 23 above shall not apply to the following enactments, that is to say—

(a)so much of section 160 of the M3Public Health Act 1875 as incorporates the provisions of the M4Towns Improvement Clauses Act 1847 with respect to the naming of streets (hereafter in this Schedule referred to as “the original street-naming enactment”);

(b)section 171(4) of the said Act of 1875;

F16(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)sections 21, 82, 83 F17. . . of the M5Public Health Acts Amendment Act 1907; and

(e)sections 17 to 19 and 76 of the M6Public Health Act 1925;

and those enactments shall, subject to paragraph 25 below, apply to those areas, and only those, to which they applied immediately before 1st April 1974.

25(1)Subject to [F18sub-paragraph (2)] below, a local authority may after giving the requisite notice resolve that any of the enactments mentioned in paragraph 24 above shall apply throughout their area or shall cease to apply throughout their area (whether or not, in either case, the enactment applies only to part of their area).E+W

(2)A resolution under this paragraph disapplying—

(a)section 171(4) of the M7Public Health Act 1875;

F19(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)section 82, 83 F20. . . of the M8Public Health Acts Amendment Act 1907; or

(d)section 76 of the M9Public Health Act 1925;

must be passed before 1st April 1975, but any other resolution under this paragraph may be passed at any time.

(3)A resolution under this paragraph applying either of the following provisions, that is to say, section 21 of the said Act of 1907 or section 18 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area and a resolution under this paragraph applying either of the following provisions, that is to say, the original street-naming enactment or section 19 of the said Act of 1925, throughout an area shall have effect as a resolution disapplying the other provision throughout that area.

(4)F21. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)The notice which is requisite for a resolution given under sub-paragraph (1) above is a notice—

(a)given by the local authority in question of their intention to pass the resolution given by advertisement in two consecutive weeks in a local newspaper circulating in their area; and

(b)served, not later than the date on which the advertisement is first published, on the council of every parish or community whose area, or part of whose area, is affected by the resolution or, in the case of a parish so affected but not having a parish council (whether separate or common), on the chairman of the parish meeting.

(6)The date on which a resolution under this paragraph is to take effect shall—

(a)F22. . . be a date specified therein, being not earlier than one month after the date of the resolution; F23. . .

(b)F23. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(7)A copy of a resolution of a local authority under this paragraph, certified in writing to be a true copy by the proper officer of the authority, shall in all legal proceedings be received as evidence of the resolution having been passed by the authority.

26E+WThe following enactments shall not extend to Greater London, that is to say—

(a)sections 160 and 171 of the M10Public Health Act 1875;

F24(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)[F25section] 80 of the M11Public Health Acts Amendment Act 1907 and so much of section 81 of that Act as relates to the M12Town Police Clauses Act 1847;

(d)sections 17 to 19, 75 and 76 of the M13Public Health Act 1925.

27(1)The powers conferred on certain authorities by the enactments to which this paragraph applies shall be exercisable not only by those authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities for the purposes of the Public Health Acts 1875 to 1925, and references in those enactments to an urban authority or a local authority shall be construed accordingly.E+W

(2)This paragraph applies to the following enactments, that is to say—

(a)section 164 of the M14Public Health Act 1875;

(b)section 44 of the M15Public Health Acts Amendment Act 1890;

(c)Part VI of the M16Public Health Acts Amendment Act 1907, as amended by Part VI of the M17Public Health Act 1925.

28E+WA district council [F26or, where they are not the highway authority, the council of a Welsh principal area] shall not without the consent of the highway authority—

(a)provide a clock under section 165 of the M18Public Health Act 1875 in a case where it overhangs a highway; or

(b)exercise any power under section 40 or 42 of the M19Public Health Acts Amendment Act 1890 or section 14 or 75 of the M20Public Health Act 1925 in relation to a highway.

29E+WA highway authority who are not a local authority within the meaning of the M21Public Health Acts 1875 to 1925 may exercise concurrently with the local authority powers conferred on the latter by section 153 of the Public Health Act 1875.

Marginal Citations

30E+WAny reference in section 161 of the said Act of 1875 to an urban authority shall, in relation to a metropolitan road within the meaning of the M22London Government Act 1963, be construed as a reference to the Greater London Council alone.

Marginal Citations

31E+WA local authority within the meaning of the Public Health Acts 1875 to 1925 may exercise the powers conferred by section 31 of the M23Public Health Acts Amendment Act 1907 without being empowered by an order made by the Secretary of State.

Marginal Citations

32E+WSo much of section 76 of the said Act of 1907 as enables the Secretary of State to make rules governing the exercise by local authorities of their powers under that section shall cease to have effect.

33E+WF27. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

The M24Parish Councils Act 1957E+W

Marginal Citations

X434E+WIn section 3(1) of the Parish Councils Act 1957, for the words from the beginning to the word “council”, in the second place where it occurs, there shall be substituted the words “ The council of a parish or community or, in the case of a parish for which there is no parish council ”and for the words “in that part of the parish, as the case may be” there shall be substituted the words “ community, or in any part thereof ”.

Editorial Information

X4The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

The M25Public Health Act 1961E+W

Marginal Citations

35E+WF28. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

36E+WF29. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

37E+WThe powers conferred on a local authority by section 34 of that Act shall as respects England be exercisable also by a county council and references in that section to a local authority shall be construed accordingly.

F3038, 39.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

40E+WThe powers conferred on a local authority by sections 44 and 46 of that Act shall, in the case of a street outside Greater London which is a highway, be exercisable by the highway authority as well as by the local authority.

F3141E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

42E+WThe powers conferred by sections 52 to 54 of that Act on local authorities shall be exercisable not only by such authorities, but also by all local authorities within the meaning of this Act, whether or not they are local authorities within the meaning of that Act, and references in those sections to a local authority shall be construed accordingly.

F3243E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M26 The Local Government Act 1966E+W

Marginal Citations

44E+WF33. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3445E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3546, 47.E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F3648E+W. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

M27 The Deposit of Poisonous Waste Act 1972E+W

Marginal Citations

X549E+WIn section 5(1) of the Deposit of Poisonous Waste Act 1972, for paragraph (a) there shall be substituted the following paragraphs:—

(a)in England, county councils and the Greater London Council;

(aa)in Wales, district councils ; and.

Editorial Information

X5The text of Sch. 14 paras. 1, 3, 9, 21, 22, 33–36, 44, 49 is in the form in which it was originally enacted: it was not reproduced in Statutes in Force and does not reflect any amendments or repeals which may have been made prior to 1.2.1991.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources