Litter Act 1983

6 Provisions supplementary to s. 5. E+W

(1) A county council [F1 and a metropolitan district council] may if they think fit make a contribution to any expenditure incurred by a parish council or a community council under section 5 above.

(2) A parish council or community council may contribute towards—

(a) the reasonable expenses incurred by any person in doing anything which the council have power to do under section 5 above, and

(b) the expenses incurred by any other parish council or community council in exercising their powers under that section.

(3) Two or more parish councils or community councils may by agreement combine for the purpose of exercising their powers under section 5 above.

(4) The Secretary of State may, subject to subsection (5) below, by order repeal or amend any provision—

(a) in any local Act passed before 3rd August 1961 (the date on which the Public Health Act 1961 was passed),

(b) in any Act passed before that date and confirming a provisional order, or

(c) in any order or other instrument made under an Act before that date,

where it appears to him that that provision is inconsistent with, or has become unnecessary in consequence of, section 5 above or this section.

(5) The Secretary of State shall not make an order under subsection (4) above repealing or amending a provision in a local Act the Bill for which was promoted by—

(a) a county council, a district council, a London borough council, the Common Council of the City of London, the Sub-Treasurer of the Inner Temple, the Under Treasurer of the Middle Temple or the Council of the Isles of Scilly, or

(b) any authority, board, commissioners, trustees or other body whose functions under the local Act have become exercisable by such a council, Sub-Treasurer or Under Treasurer as aforesaid,

except on the application of that council, Sub-Treasurer or Under Treasurer.

(6) Where—

(a) a resolution under subsection (3) of section 147 of the M1 Local Government Act 1972 (resolution declaring expenses to be special expenses chargeable only on part of a district council’s area), or

(b) an order under section 190(3) of the M2 Local Government Act 1933 that, by virtue of subsection (6) of the said section 147, continues to have effect as if it were such a resolution,

contains, or has effect as if it included, a reference to section 51 of the M3 Public Health Act 1961 (litter bins), that reference shall have effect as if it were a reference to the said section 51 or section 5 above.

(7) Sections 283 to 285, 288, 304, 305, 341 and 343 of the Public Health Act 1936 apply in relation to section 5 above, this section and Schedule 1 to this Act as if section 5, this section and that Schedule were contained in the said Act of 1936.

(8) In section 5 above, “litter authority” includes the Council of the Isles of Scilly but not a joint body F2 . . ..

Textual Amendments

F1 Words inserted by Local Government Act 1985 (c. 51, SIF 81:1), s. 9, Sch. 6 para. 5(2)

F2 Words in s. 6(8) repealed (1.4.1997) by 1995 c. 25, s. 120(3), Sch. 24 (with ss. 7(6), 115, 117); S.I. 1996/2560, art. 2, Sch.

Modifications etc. (not altering text)

C1 Ss. 5, 6: power to transfer functions conferred by Local Government Act 1985 (c. 51, SIF 81:1), ss. 10(4), 106(2)

Marginal Citations

M1 1972 c. 70.

M2 1933 c. 51.

M3 1961 c. 64.