Refuse Disposal (Amenity) Act 1978

11 Interpretation. E+W+S

(1) In this Act, unless the contrary intention appears, the following expressions have the following meanings, that is to say—

[F1 " appropriate person " means—

(a) in relation to a local authority in England, the Secretary of State;

(b) in relation to a local authority in Wales, the National Assembly for Wales;]

• “the Common Council” means the Common Council of the City of London;

• [F2 “ highway ”, in the application of this Act to Scotland, shall be deemed to include any public right of way; ]

• [F2 “ carriageway ” has the same meaning as in the Roads (Scotland) Act 1984; ]

• “licence” means, in relation to a vehicle, a licence issued for the vehicle under [F3 the Vehicle Excise and Registration Act 1994][F4 (including a nil licence within the meaning of that Act) ];

• “local authority” means—

  (a)

  in relation to England, a district council, London borough council or the Common Council;

  (b)

  in relation to Scotland, [F5 a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994]; and

  (c)

  in relation to Wales, a [F6 county council or county borough council];

• “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, whether or not it is in a fit state for such use, and includes any trailer intended or adapted for use as an attachment to such a vehicle, any chassis or body, with or without wheels, appearing to have formed part of such a vehicle or trailer and anything attached to such a vehicle or trailer;

• [F7 “ owner ”, in relation to a motor vehicle which is the subject of a hiring agreement or hire-purchase agreement, includes the person entitled to possession of the vehicle under the agreement; ]

• “prescribed” means prescribed by regulations made by the Secretary of State;

• “the relevant date” has the meaning given to it by section 13(3) below.

• [F8 “ road ” has the same meaning as in the Roads (Scotland) Act 1984. ]

(2) Any reference in this Act to an enactment is a reference to it as amended or applied by or under any other enactment, including this Act.

Subordinate Legislation Made

P1 S. 11: for exercise of this power, see Index to Government Orders.

P2 S. 4(5)(6) (with ss. 5(1)(a)(b) and 11(1)) power exercised by S.I.1991/336.

Textual Amendments

F1 Words in s. 11(1) inserted (E.W.) (7.4.2005) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 14(3), 108

F2 Definition of “carriageway” substituted (S.) for definition of “highway” by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 78(5)(a)

F3 S. 11(1): words in the definition of “licence” substituted (1.9.1994) by 1994 c. 22, ss. 63, 66(1), Sch. 3 para. 12 (with s. 57(4))

F4 Words in s. 11(1) inserted (E.W.) (18.10.2005 for E., 27.10.2006 for W.) by Clean Neighbourhoods and Environment Act 2005 (c. 16), ss. 12(4), 108(1), 108(2); S.I. 2005/2896, art. 3(b) (with art. 4); S.I. 2006/2797, art. 2(b) (with art. 8); S.I. 2005/2896, art. 3(b) (with art. 4); S.I. 2006/2797, art. 2(b) (with art. 8)

F5 S. 11(1): words in paragraph (b) of the definition of “local authority” substituted (S.) (1.4.1996) by 1994 c. 39, s. 180(1), Sch. 13 para. 109; S.I. 1996/323, art. 4(1)(b)(c)

F6 S. 11(1): words in paragraph (c) of the definition of “local authority” substituted (1.4.1996) by 1994 c. 19, s. 22(3), Sch. 9 para. 11 (with ss. 54(5)(7), 55(5), Sch. 17 paras. 22(1), 23(2)); S.I. 1996/396, art. 3, Sch. 1

F7 Words in s. 11 (1) ceased to have effect (13.7.2004) by virtue of London Local Authorities Act 2004 (c. i), ss. 1(1), 5(2) (with s. 8)

F8 Definition of “road” inserted (S.) by Roads (Scotland) Act 1984 (c. 54, SIF 108), s. 157(2), Sch. 9 para. 78(5)(b)

Modifications etc. (not altering text)

C1 Ss. 4, 5, 8, 10, 11 extended (S.) (8.9.2000) by 2000 asp 10, s. 36, Sch. 5 para. 6(1); S.S.I. 2000/312, art. 2

C2 S. 11 applied (with modifications) (13.7.2004) by London Local Authorities Act 2004 (c. i), ss. 1(1), 5(1) (with s. 8)

C3 S. 11(1) modified (E.W.) by S.I. 1985/1884, art. 5, Sch. 2 para. 18