Part IX Miscellaneous and General
Charges by certain authorities
152 Interpretation, consultation and commencement of ss. 150 and 151.
1
For the purposes of sections 150 and 151 above the following are excepted functions—
a
functions relating to education in schools;
b
functions relating to the provision of a public library service;
c
functions relating to fire fighting, that is to say, the extinction of fire and the protection of life and property in case of fire;
d
functions relating to the registration of electors;
e
functions relating to the conduct of elections;
F1f
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2
For the purposes of those sections in their application to England and Wales, each of the following is a relevant authority—
a
a county council;
F2aa
a county borough council;
b
a district council;
c
a London borough council;
d
the Common Council of the City of London;
e
the Council of the Isles of Scilly;
F12f
a fire and rescue authority constituted by a scheme under section 2 of the Fire and Rescue Services Act 2004 or a scheme to which section 4 of that Act applies;
F3g
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
h
an authority established under section 10 of the M1Local Government Act 1985 (waste disposal authorities);
i
a joint authority established by Part IV of that Act (F4. . . fire services, civil defence and transport);
j
an authority or board constituted a port health authority at any time by an order under section 2 of the M2Public Health (Control of Disease) Act 1984;
F5ja
a National Park authority
F6jb
a conservation board established by order under section 86 of the Countryside and Rights of Way Act 2000;
k
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
l
the Broads Authority. F7. . .
F8m
a joint planning board constituted for an area in Wales outside a National Park by an order under section 2(1B) of the M3Town and Country Planning Act 1990.
F9n
the London Fire and Emergency Planning Authority.
3
For the purposes of those sections in their application to Scotland, each of the following is a relevant authority—
F10a
a council constituted under section 2 of the Local Goverment etc. (Scotland) Act 1994
d
e
a joint board or joint committee within the meaning of section 235(1) of the Local Government (Scotland) Act 1973.
4
The Secretary of State may by order made by statutory instrument provide for any other body to be, or for a body to cease to be, a relevant authority for the purposes of those sections; and a statutory instrument containing an order under this subsection shall be subject to annulment in pursuance of a resolution of either House of Parliament.
5
In those sections “prescribed” means prescribed by the regulations concerned.
6
Before exercising any power to make regulations under section 150 or section 151 above, the Secretary of State shall consult—
a
as respects England and Wales, such representatives of local government,and
b
as respects Scotland, such associations of local authorities,
as appear to him to be appropriate.
7
This section and sections 150 and 151 above shall come into force at the expiry of the period of two months beginning on the day this Act is passed.