- Latest available (Revised)
- Original (As enacted)
Local Government (Miscellaneous Provisions) Act 1982
You are here:
- 1982 c. 30
- SCHEDULE 4
- General
- Section 9
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland, Northern Ireland)
- Show Timeline of Changes
Opening Options
Changes to legislation:
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Local Government (Miscellaneous Provisions) Act 1982. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
Changes and effects yet to be applied to the whole Act, associated Parts and Chapters:
Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.
- Blanket Amendment words substituted by 2005 c. 4 Sch. 11 para. 1(2)
Commencement Orders yet to be applied to the Local Government (Miscellaneous Provisions) Act 1982:
Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2003/124 art. 4 5 commences (2002 c. 32)
- S.I. 2003/1115 art. 3 commences (2002 c. 32)
- S.I. 2003/1667 art. 3 4 5 commences (2002 c. 32)
- S.I. 2003/1718 art. 4-6 Sch. commences (2002 c. 32)
- S.I. 2003/2938 art. 7(a) commences (2003 c. 26)
- S.I. 2003/2961 art. 5 6 7 Sch. Pt. 2 3 4 commences (2002 c. 32)
- S.I. 2003/3034 art. 2 commences (2003 c. 26)
- S.I. 2004/1728 art. 5 Sch. Pt. 2 commences (2002 c. 32)
- S.I. 2004/2304 art. 2 commences (2004 c. 21)
- S.I. 2004/2917 art. 2 commences (2004 c. 21)
- S.I. 2005/3056 art. 2(2) commences (2003 c. 17)
- S.I. 2005/3495 art. 2 commences (2005 c. 15)
- S.I. 2006/172 Sch. commences (2002 c. 32)
- S.I. 2008/917 art. 2-5 commences (2007 c. 28)
- S.I. 2008/3068 art. 2-5 commences (2008 c. 17)
- S.I. 2009/1604 art. 2 commences (2005 c. 4)
- S.I. 2009/3318 art. 2-4 commences (2009 c. 20)
- S.I. 2010/722 art. 3 commences (2009 c. 26)
- S.I. 2010/862 art. 2 commences (2008 c. 17)
- S.I. 2010/1375 art. 2 3 commences (2009 c. 26)
- S.I. 2011/3019 art. 3 Sch. 1 commences (2011 c. 13)
- S.I. 2012/628 art. 2-8 commences (2011 c. 20)
9(1)A district council may charge such fees as they consider reasonable for the grant or renewal of a street trading licence or a street trading consent.E+W
(2)A council may determine different fees for different types of licence or consent and, in particular, but without prejudice to the generality of this sub-paragraph, may determine fees differing according—
(a)to the duration of the licence or consent;
(b)to the street in which it authorises trading; and
(c)to the descriptions of articles in which the holder is authorised to trade.
(3)A council may require that applications for the grant or renewal of licences or consents shall be accompanied by so much of the fee as the council may require, by way of a deposit to be repaid by the council to the applicant if the application is refused.
(4)A council may determine that fees may be paid by instalments.
(5)Where a consent is surrendered or revoked, the council shall remit or refund, as they consider appropriate, the whole or a part of any fee paid for the grant or renewal of the consent.
(6)A council may recover from a licence-holder such reasonable charges as they may determine for the collection of refuse, the cleansing of streets and other services rendered by them to him in his capacity as licence-holder.
(7)Where a licence—
(a)is surrendered or revoked; or
(b)ceases to be valid by virtue of paragraph 4(7) above,
the council may remit or refund, as they consider appropriate, the whole or a part—
(i)of any fee paid for the grant or renewal of the licence; or
(ii)of any charges recoverable under sub-paragraph (6) above.
(8)The council may determine—
(a)that charges under sub-paragraph (6) above shall be included in a fee payable under sub-paragraph (1) above; or
(b)that they shall be separately recoverable.
(9)Before determining charges to be made under sub-paragraph (6) above or varying the amount of such charges the council—
(a)shall give notice of the proposed charges to licence-holders; and
(b)shall publish notice of the proposed charges in a local newspaper circulating in their area.
(10)A notice under sub-paragraph (9) above shall specify a reasonable period within which representations concerning the proposed charges may be made to the council.
(11)It shall be the duty of a council to consider any such representations which are made to them within the period specified in the notice.
Options/Help
Print Options
Print The Whole Act
Print The Whole Schedule
Print The Whole Cross Heading
Print This Section only
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.
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.
Opening Options
Different options to open legislation in order to view more content on screen at once
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
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