Local Government Act 1974

SCHEDULE 6 Relaxation and Removal of Controls

Enactment relating to local authority function	Amendment
1. Section 94 of the [1907 c. 53.] Public Health Acts Amendment Act 1907 (power of local authorities to license pleasure boats and boatmen).	In subsection (1), for the words from " annual fees " to the end of the subsection there shall be substituted the words " for each type of licence such annual fee as appears to them to be appropriate
2.—(1) Section 1 of the [1925 c. 38.] Performing Animals (Regulation) Act 1925 (restriction on exhibition and training of performing animals).	In subsection (2), for the words " the prescribed fee " there shall be substituted the words " such fee as appears to the local authority to be appropriate "; in subsection (5) the words " on payment of the prescribed fee", in both places where they occur, shall be omitted; in subsection (7) the words " subject to payment of the prescribed fee " shall be omitted; and at the end of the section there shall be added the following subsection: “(8) A local authority may charge such fees as appear to them to be appropriate for inspection of the register, for taking copies thereof or making extracts therefrom or for inspection of copies of certificates of registration issued by them”.
(2) Section 5(3) of that Act (expenses of local authorities, etc.).	The words from " and the fee for registration" to the end shall be omitted.
3. Section 3 of the [1926 c. 31.] Home Counties (Music and Dancing) Licensing Act 1926 (grants and conditions of licences).	For subsection (5) there shall be substituted the following subsection:— “(5) On applications for the grant or transfer of licences there shall be payable such fees as the council may determine, and the council may determine a lower rate of fee for an application for a licence to be granted for the sole purpose of a charitable entertainment.”
4. Section 3 of the [1947 c. 22.] Civic Restaurants Act 1947 (financial provisions).	In subsection (1) (every civic restaurant authority to keep an account of income and expenditure on income account, and form of that account and particulars to be included therein to be prescribed by Minister of Agriculture, Fisheries and Food) the words from " and the form of the account" to the end of the subsection shall be omitted and in subsection (2) (every civic restaurant authority to endeavour to ensure that their income under the Act is sufficient to defray their expenditure thereunder and if their account shows a deficit for three consecutive financial years their powers to cease to be exercisable) the words from " and if the account " to the end of the subsection shall be omitted.
5. Section 138 of the [1948 c. 26.] Local Government Act 1948 (power for local authorities to enter into agreements to assist in performing functions transferred to certain statutory bodies).	Subsection (2) (certain agreements to require prior Ministerial approval) shall be omitted.
6.—(1) Section 64 of the [1949 c. 97.] National Parks and Access to the Countryside Act 1949 (power of local planning authority to make access agreements with landowners in their area).	In subsection (1) the words " with the approval of the Minister " shall be omitted.
(2) Section 65 of that Act (power of local planning authorities to make access orders).	Subsection (6) (power of Secretary of State to direct a local planning authority to make an access order or to make such an order himself) shall be omitted.
(3) Section 104 of that Act (general provisions as to appropriation and disposal of land).	Subsections (7) and (8) (power of Secretary of State to require local authority to dispose of land in certain cases and to resolve differences as to the best consideration in those cases) shall be omitted.
(4) Section 105 of that Act (default powers of Secretary of State).	The section shall cease to have effect.
7.—(1) Section 43 of the [1950 c. 36.] Diseases of Animals Act 1950 (power of local authority to provide facilities for sheepdipping).	The words " with the sanction of the Minister " shall be omitted.
(2) Section 61 of that Act (provision of wharves, etc.).	Subsection (7) (power of Minister to require a reduction in the tolls taken by a local authority) shall be omitted.
8. Section 1 of the [1951 c. 35.] Pet Animals Act 1951 (licensing of pet shops by local authorities).	In subsection (2), as originally enacted, the words " not exceeding ten shillings " shall be omitted.
9. Section 19 of the [1951 c. 60.] Mineral Workings Act 1951 (disposal of land acquired by local authorities).	In subsection (2) (power of Secretary of State to require a local authority to dispose of land acquired for certain purposes) the words from " but the local authority" to the end of the subsection shall be omitted.
10. Section 6 of the [1954 c. 68.] Pests Act 1954 (Order in Council may authorise a port health authority to make and recover charges for inspection of ships and hovercraft).	The words from the beginning to " may authorise" shall be omitted; for the words " to make and recover charges " there shall be substituted the words " may impose such charges as appear to the authority to be appropriate "; and for the words " any such Order in Council" there shall be substituted the words " any Order in Council under section 23 of the Prevention of Damage by Pests Act 1949 ".
11. Section 80 of the [1955 c. 16 (4 & 5 Eliz. 2).] Food and Drugs Act 1955 (power of local authorities to provide cold stores and refrigerators).	In subsection (1) (power of a local authority, with the approval of the Minister, to provide a cold-air store or refrigerator for the storage and preservation of food) the words " with the approval of the Minister " shall be omitted.
	Subsection (3) (advertisement of local authority's intention to apply for Minister's approval) shall be omitted.
12. Section 124 of the [1959 c. 25.] Highways Act 1959 (power of highway authorities to require removal of structures from highway).	Subsection (2) (power of Secretary of State to extend time limit specified by highway authority for removal of structure) shall be omitted and in subsection (3) the words from " or, in a case where " to " so extended " and the words from " or, if an appeal " to the end of the subsection shall be omitted.
13. Schedule 2 to the [1960 c. 62.] Caravan Sites and Control of Development Act 1960 (orders of district councils prohibiting caravans on commons).	In paragraph 3, in sub-paragraph (1) (service of notices and power of Secretary of State to dispense with service) for the words " Provided that where " there shall be substituted the words " unless the council are satisfied that " and the words from " the Minister " to the end of the sub-paragraph shall be omitted.
14. Section 2 of the [1963 c. 29.] Local Authorities (Land) Act 1963 (power of local authorities to develop land for the benefit or improvement of their area).	Subsections (2) and (3) (consent of Secretary of State required for local authorities to develop land) shall be omitted.
15.—(1) Section 4(2) of the [1963 c. 31.] Weights and Measures Act 1963 (local standards to be kept and used at approved premises).	After the word "kept" there shall be inserted the words " in such manner and under such conditions as the Secretary of State may direct ", the words " and approved for the purpose by the Board " shall be omitted and for the words " approved in that behalf by the Board " there shall be substituted the words " which appear to the authority to be appropriate ".
(2) Section 5(3) of that Act (working standards and testing and stamping equipment to be kept at approved premises).	The words " and approved for the purpose by the Board " shall be omitted.
(3) Section 44(1) of that Act (no discount to be given in respect of inspectors' fees except with consent).	The words " with the consent of the Board " shall be omitted.
16. Schedule 12 to the [1963 c. 33.] London Government Act 1963 (licensing of public entertainments in Greater London).	In each of paragraphs 3 and 6 (fees payable on application for licences for differing types of public entertainments to be such as the Greater London Council may fix, within specified limits) the words from " not exceeding " to the end of the paragraph shall be omitted.
17. Section 1 of the [1963 c. 43.] Animal Boarding Establishments Act 1963 (licensing by local authorities of boarding establishments for animals).	In subsection (2), as originally enacted, the words " not exceeding ten shillings" shall be omitted.
18. Section 1 of the [1964 c. 70.] Riding Establishments Act 1964 (licensing of riding establishments by local authorities).	In subsection (2), for the words from " and on payment" to " grant" there shall be substituted the words " grant, on payment of such fee as may be determined by the local authority ".
19.—(1) Section 5 of the [1967 c. 8.] Plant Health Act 1967 (execution of Act by local authorities).	In subsection (2) (local authorities to keep certain records in such manner and form as competent authority may direct), the words from " in such manner " to " direct" shall be omitted.
(2) Section 6 of that Act (publication of orders).	In subsection (3) (local authorities to publish orders in such manner and form as competent authority directs) the words from " in such manner as the competent authority directs " to " such direction " shall be omitted.
20.—(1) Section 12 of the [1967 c. 76.] Road Traffic Regulation Act 1967 (temporary prohibition or restriction of traffic on roads).	In subsection (6) (order made by highway authority, other than a Minister, restricting or prohibiting use of road not to continue in force for a longer period than six weeks from the making thereof without the Secretary of State's approval) after the words" by a Minister " there shall be inserted the words " or the Greater London Council ", for the words " six weeks" there shall be substituted the words " three months ", for the word " making " there shall be substituted the words " coming into operation " , and at the end of the subsection there shall be added the words " The reference in this subsection to an order made by the Greater London Council does not include a reference to an order made by any other body, in the exercise of delegated powers, as agents for the Greater London Council
(2) Section 29 of that Act (additional powers of local authorities in connection with off-street parking places).	In subsection (1) (additional powers exercisable with Secretary of State's approval) the words from " exercisable" to " approved by him " shall be omitted.
(3) Section 31 of that Act (power of local authorities by order to make provision as to use of parking places).	In subsection (2) (where order provides for use of apparatus for collecting charges, local authorities to comply with Secretary of State's directions as to testing, etc. thereof) the words from "and, where an order provides for the use of any apparatus " to the end of the subsection shall be omitted.
(4) Section 37(5) of that Act (local authority to take prescribed steps for inspection and testing on prescribed occasions of parking meters and for recording in prescribed manner the date on which and the person by whom a meter has been tested).	For the words " the prescribed steps " there shall be substituted the words " such steps as appear to them to be appropriate ", for the words from " not less " to " occasions " there shall be substituted the word " afterwards " , and the words " in the prescribed manner" and the words from " and in this" onwards shall be omitted.
(5) Section 44 of that Act (financial provisions relating to parking places).	In the proviso to subsection (2) (local authority's surplus not to be carried forward from one quadrennial period to another without Secretary of State's consent) the words from " but shall not be carried forward " onwards shall be omitted and in subsection (3)(c) (surplus may be applied in making contributions towards cost of parking accommodation provided by other local authorities or, with Secretary of State's consent, by other persons) the words " with the consent of the appropriate Minister " shall be omitted.
(6) Section 46 of that Act (power of parish and community councils to provide parking places).	In subsection (2) (power of councils to appropriate land, with Secretary of State's consent, for the purpose of providing parking places) the words " with the consent of the Minister of Housing and Local Government " shall be omitted.
21.—(1) Section 12 of the [1968 c. 46.] Health Services and Public Health Act 1968 (power of certain local authorities to make arrangements for prophylaxis, care and after-care).	In subsection (5) (power of authorities, with Secretary of State's approval, to recover charges for services) the words " with the approval of the Minister " shall be omitted.
(2) Section 13 of that Act (provision by certain local authorities of home help and laundry facilities).	In subsection (2) (power of authorities, with Secretary of State's approval, to recover charges for help or facilities provided) the words " with the approval of the Minister " shall be omitted.
22.—(1) Section 10 of the [1968 c. 73.] Transport Act 1968 (general powers of Passenger Transport Executive).	In subsection (1)(xvi) (power, with Passenger Transport Authority's approval and Secretary of State's consent, to make arrangements for transfer of part of Executive's undertaking or property to persons who have agreed to carry on any of Executive's activities) the words " and the consent of the Minister " shall be omitted.
(2) Section 11 of that Act (financial duty of Executive).	Subsection (4) (Executive to submit to Secretary of State statement of Executive's proposals for expenditure on capital account and power of Secretary of State to limit such expenditure) shall be omitted.
(3) Section 12 of that Act (borrowing powers of Executive).	In subsection (4) (power of certain councils to lend money to Executive and, with Secretary of State's consent, to borrow money for that purpose) the words " with the consent of the Minister " shall be omitted.
(4) Section 13 of that Act (power for Authority to precept for Executive).	Subsection (4) (power of Secretary of State to restrict the aggregate amount for which Authority may issue precepts) shall be omitted.
(5) Section 16 of that Act (publication of annual report by Authority and Executive and prevention of improper conduct of subsidiary activities).	In subsection (2), in paragraph (c), the final word " and " and paragraph (d) (in certain cases report to contain such information as the Secretary of State may direct) shall be omitted, and subsections (3) to (5) (Secretary of State's powers to control conduct of certain types of business carried on by an Executive and subsidiaries thereof) shall be omitted.
(6) Section 18 of that Act (planning of passenger transport services in designated areas).	In subsection (1) (statement of general policy to be prepared within twelve months of establishment of Authority, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words " to the Minister and " shall be omitted, and in subsection (2) (plan for development of passenger transport system to be prepared within two years of establishment of Executive, or such longer period as the Secretary of State allows, and copies to be sent to the Secretary of State and to local authorities concerned) the words " to the Minister and " shall be omitted.
(7) Section 19 of that Act (transfer of control of bus services to Executive).	In subsection (1) (power of Secretary of State, after receiving copy of statement prepared under section 18(1), to transfer control of bus services to Executive) for the words from " Minister has received" to " a copy of" there shall be substituted the words " Authority for a designated area have caused to be published ".
(8) Section 21 of that Act (provisions as to functions of traffic commissioners in connection with designated areas).	In subsection (5), paragraph (a) (regulations of Secretary of State may require Executive to furnish commissioners with information as to certain road passenger transport services) shall be omitted.
(9) Section 36 of that Act (power of local authority to run public service vehicles as contract carriages).	In subsection (2), the words " subject to subsection (3) of this section" and subsections (3) to (8) (control by Secretary of State over exercise of local authorities' powers) shall be omitted.
(10) Section 37 of that Act (power of local authorities, with the Secretary of State's consent, to acquire or dispose of public service vehicle undertakings).	In subsection (1), the words from " with the consent" to " Secretary of State " and subsection (2) (terms on which consent may be given) shall be omitted.
(11) Section 138 of that Act (power of a local authority to make arrangements to reimburse, and to contribute towards, costs incurred by other bodies in granting travel concessions).	Subsections (7) and (8) (power of Secretary of State to prescribe method of calculating cost incurred in providing travel concessions and to make regulations about determinations of disputes with respect to such cost) shall be omitted.
(12) Part III of Schedule 5 to that Act (matters which may be dealt with by an order designating a passenger transport area).	Paragraph 14 (making of reports and furnishing of information by Authority and Executive to Secretary of State) shall be omitted.
23.—(1) Section 7 of the [1969 c. 35.] Transport (London) Act 1969 (financial duty of London Transport Executive).	Subsection (5) (Executive to submit to Secretary of State statement of Executive's proposals for expenditure on capital account and power of Secretary of State to limit such expenditure) shall be omitted.
(2) Section 12 of that Act (Secretary of State's power to prevent improper conduct of subsidiary activities).	In subsection (2), in paragraph (c), the final word " and " and paragraph (d) (in certain cases, annual report of Executive to contain such information as the Secretary of State may direct) shall be omitted, and subsections (3) to (5) (Secretary of State's powers to control conduct of certain types of business carried on by Executive and subsidiaries thereof) shall be omitted.
24.—(1) Section 3 of the [1969 c. 53.] Late Night Refreshment Houses Act 1969 (annual duty payable to licensing authority in respect of licence to keep late night refreshment house).	In subsection (1) (duty of £6 payable in respect of licence), for the words from " charged " to " to the licensing authority " there shall be substituted the words " payable to the licensing authority a fee of such amount as appears to them to be appropriate " and for the word " duty", in the second place where it occurs, there shall be substituted the word " fee " , and subsections (2) and (3) (power of Secretary of State by order to vary or dispense with licence duty) shall be omitted.
(2) Sections 4 and 5 of that Act (reduced duty on beginner's part-year licence and date of licence and period of validity).	For the word " duty ", in each place where it occurs, there shall be substituted the word " fee " and for the word " chargeable " (in section 5(2)) there shall be substituted the word " payable ".
25.—(1) Section 28 of the [1971 c. 78.] Town and Country Planning Act 1971 (publicity for applications for planning permission for development affecting conservation areas).	In subsection (1) (types of development with which section is concerned) the word " either ", paragraph (b) and the word " or " immediately preceding it shall be omitted.
(2) Section 31 of that Act (directions etc. to local planning authorities as to method of dealing with applications).	Subsections (2) and (3) (directions with respect to applications affecting conservation areas) shall be omitted.
(3) Section 46 of that Act (procedure where revocation or modification of planning permission by local planning authority is unopposed).	In subsection (1), paragraph (b) (procedure conditional on it appearing to the authority that no claim for compensation is likely to arise under section 164) and the word " and " immediately preceding it shall be omitted and in subsection (3) (service of notice, and notice to include a statement that no compensation is payable) the words from " and the notice " to the end of the subsection shall be omitted.
(4) Section 65 of that Act (power of local planning authority, subject to Secretary of State's directions, to serve notice requiring proper maintenance of waste land).	In subsection (1), the words " then, subject to any directions given by the Secretary of State " shall be omitted.
(5) Section 87(1) of that Act (power of local planning authority, subject to Secretary of State's directions, to serve enforcement notice).	The words " any directions given by the Secretary of State and to " shall be omitted.
(6) Section 96(1) of that Act (power of local planning authority, subject to Secretary of State's directions, to serve listed building enforcement notice).	The words " then, subject to any directions given by the Secretary of State" shall be omitted.
(7) Section 100(1) of that Act (power of Secretary of State to give directions to local planning authorities requiring them to serve listed building enforcement notices or to serve such notices himself).	The words from " give directions " to " or may " shall be omitted.
(8) Section 117 of that Act (direction for minimum compensation in case of listed building deliberately left derelict).	In subsection (1) (power of authority to include in compulsory purchase order as submitted to Secretary of State for confirmation an application for a direction for minimum compensation) the words " an application for " and the words from " and the Secretary of State " to the end of the subsection shall be omitted, in subsection (3) (notice stating effect of compulsory purchase order to include statement that authority have made application for direction for minimum compensation) for the words " made application for " there shall be substituted the words " included in the order " and in subsection (5) (power to object to directions for minimum compensation) the words " an application for ", " the local authority's application for " and " be refused or, as the case may be, that such a direction " shall be omitted and after the words " order as " there shall be inserted the words " confirmed or ".
(9) Section 124 of that Act (power of local authority to develop land held for planning purposes).	Subsections (3) and (4) (Secretary of State's consent requisite to any exercise of authority's power) shall be omitted, in subsection (6) (power of authority, with Secretary of State's consent, to enter into arrangements with authorised association for the carrying out by the association of development) the words " with the consent of the Secretary of State " shall be omitted and in subsection (8) (authorised associations defined as certain societies, companies or bodies of persons approved by the Secretary of State) the words " approved by the Secretary of State " shall be omitted.
(10) Section 125 of that Act (special provisions as to features and buildings of architectural and historic interest).	In subsection (1) (local authority, in exercising certain powers, to have regard to the desirability of preserving features of special architectural or historic interest and Secretary of State, in giving consent under certain provisions, to ensure the preservation of listed buildings) the words from " and the Secretary of State " to the end of the subsection shall be omitted and, consequentially, subsection (2) and in subsection (3) the words from " preservation ", in " to " and " shall be omitted.
(11) Section 164(1) of that Act (where planning permission is revoked or modified by an order, other than an order taking effect by virtue of section 46 and without being confirmed by the Secretary of State, the local planning authority is to pay compensation).	The words from " (other than " to " Secretary of State) " shall be omitted.
(12) Section 276 of that Act (default powers of Secretary of State).	In subsection (1) (power of Secretary of State to give directions to local planning authorities requiring them to submit to him certain orders for his confirmation or to make such orders himself) the words from " give directions " to " or may " shall be omitted and in subsection (5) (power of Secretary of State to give directions to local planning authorities requiring them to serve certain notices or to serve such notices himself) paragraph (b), in paragraph (c) the words from " or under " to " this Act" and the words from "give directions " to " or may " shall be omitted.
(13) Section 277 of that Act (designation of conservation areas).	Subsection (2) (power of Secretary of State to give directions to local planning authorities with respect to designation of conservation areas) shall be omitted.
(14) Schedule 11 to that Act (control of works for demolition, alteration or extension of listed buildings).	In paragraph 11, in sub-paragraph (1) (power of Secretary of State to give directions to a local planning authority requiring them to submit to him for his confirmation an order revoking or modifying listed building consent in respect of certain works or to make such an order himself) the words from " give directions " to " or may " shall be omitted.
26.—(1) Section 18 of the [1974 c. 3.] Slaughterhouses Act 1974 (power to provide cold stores and refrigerators for public slaughterhouses).	In subsection (1) (power of a local authority, with the approval of the Minister, to provide cold store or refrigerator for the storage and preservation of meat and other articles of food) the words " with the approval of the Minister " shall be omitted and subsections (3) to (5) (advertisement of local authority's intention to apply for Minister's approval and provisions as to public inquiries) shall be omitted.
(2) Section 40(9) of that Act (power of local authority to charge fixed fees for grant and renewal of licence).	For the words from " a fee ", in the first place where they occur, to " 5p " there shall be substituted the words " such fees as appear to them to be appropriate for the grant and ".